UC-NRLF 


,*, 


GIFT  OF 
Prof.    C.    A.    Kofoid 


<X<L/>    ^  £L~&#*-1^Z^S 

**A 


THE 

REVISED   STATUTES 

OF   THE 

STATE  OF  NEW  YORK, 

REDUCED   TO 

QUESTIONS  AND  ANSWERS, 

FOR   THE   USE    OF 

SCHOOLS    AND    FAMILIES. 


BY 

WILLIAM    B.   WEDGWOOD,    A.   M. 

MEMBER    OF  THE  NEW   YORK  BAR. 
EIGHTH  EDITION. 

NEW  YORK: 
PUBLISHED    BY    SAXTON     AMD    MILES, 

205    BROADWAY. 

1843. 


13 


Entered  according  to  Act  of  Congress,  in  the  year  1843,  by 

SAXTON.AND    MILES, 

in  the  Clerk's  Office  of  the  District  Court  of  the  United  States,  for 
•  •{          *.  /tfieil&uthern  District  of  New  York. 


S.  W.  BENEDICT  AND  CO.,  PRINT. 


TABLE  OF  CONTENTS. 


CONSTITUTION  OF  THE  STATE  OF  NEW  YORK. 

PAGE 

The  Legislature, 8 

Qualifications  of  electors,          .         .         .         .  11 

The  Executive,  .         .         .         .  .12 

The  militia,     .......  14 

Court  for  the  trial  of  impeachment  and  correction 

of  errors,           ...                 .         .  '  16 

Oath  of  office,     ...                 ...  18 

Free  enjoyment  of  religious  worship,          .         .  18 

Freedom  of  speech  and  of  the  press,      ...  20 

The  Constitution  how  amended,         ...  20 

REVISED  STATUTES  OF  THE  STATE  OF  NEW  YORK. 

Of  the  boundaries  of  the  State,     .         .         .         .21 

Of  the  civil  divisions  of  the  State,      ...  22 

The  census,  how  taken,        .....  23 

All  power  originating  from  the  people,      .         .  26 

State  officers, 28 

The  manner  of  conducting  elections,          .         .  35 

Voting  and  challenging, 38 

Ballot  boxes,           ...  39 

Canvassing  the  votes,           .....  42 

County  canvassers, 43 

State  canvassers, 45 


M111776 


IV  CONTENTS. 


Electors  to  choose  a  President  and  Vice  President,  47 

Electoral  college, 47 

I  Election  of  Senators  to  Congress,      *  48 

Penalties  for  misconduct  at  elections,  49 

The  Legislature,      ......  50 

Duties  of  the  Executive,      .....  52 

The  funds,  revenue,  expenditures,  and  property  of 

the  State, 53 

The  militia  and  the  public  defence,        .         .         *  55 

Powers,  duties,  and  privileges  of  towns,     .         .  58 

Mode  of  conducting  town  meetings,      ...  59 

Of  the  election  and  qualification  of  town  officers,  60 

Duties  of  town  officers, 64 

Counties  and  county  officers,     .         .         .         .  65 

Assessment  and  collection  of  taxes,       ...  69 

The  public  health,            .         .         .         .         .  72 

Of  public  instruction, 78 

Highways,  bridges,  and  ferries,         ...  82 
Regulations  of  trade,            .         ,                  .         .84 
Incorporations,         ...... 

Computation  of  time ;  of  weights  and  measures,     .  89 

Relief  and  support  of  indigent  persons,       .         .  92 

Relatives  bound  to  support  indigent  persons,           .  92 

Vagrants  and  beggars,     .....  94 

Breaking  the  Sabbath,  profane  language,  lotteries,  95 
Title  to  real  estate,  and  persons  capable  of  holding 

and  conveying  such  estate,             ...  97 

Descent  of  property,         .....  99 

Conveyance  of  real  estate,            ....  100 

Consequences  of  taking  unlawful  interest,           .  101 


PREFACE. 


IN  preparing  this  work  the  author  has  endeavored  to  present  every 
important  fact  contained  in  the  Constitution  and  Laws  of  the  State  of 
New  York,  in  such  a  manner  that  the  pupil  will  be  able  to  understand, 
fix  and  secure  it  in  his  mind  at  once.  If  in  the  Roman  Republic  the 
very  children,  as  Cicero  informs  us,  were  obliged  to  learn  the  twelve 
tables  by  heart,  as  a  carmen  necessarium,  or  indispensable  lesson,  to 
imprint  on  their  tender  minds  an  early  knowledge  of  the  Constitution 
and  Laws  of  their  country,  should  we  not  profit  by  their  example  ? 
Our  Constitution  and  Laws  are  the  charter  of  our  religious  and 
political  liberty.  The  knowledge  of  them  should  be  as  diffusive  as 
the  sun-light.  Every  man  should  "teach  them  to  his  children, 
speaking  of  them  when  he  sits  in  his  house,  when  he  walks  by  the 
way,  when  he  lies  down  and  when  he  rises  up.  He  should  write 
them  upon  the  doer-posts  of  his  house  and  upon  the  gates.5' 

A  large  majority  of  crimes  are  committed  by  those  who  are  entirely 
ignorant  of  the  penalty.  Let  our  laws  be  thoroughly  instilled  into 
the  minds  of  the  young,  and  we  may  write  on  our  State  prisons  and 
Bridewells,  "  To  Let."  It  is  much  easier  and  much  cheaper  to  pre- 
vent crime  than  to  punish  it. 

In  a  country,  and  under  a  government  like  ours,  where  all,  directly 
or  indirectly,  make,  apply  and  execute  the  laws  of  the  land — in  a  coun- 
try inhabited  by  a  "  Nation  of  Kings" — in  a  country  where  every  na- 
tive citizen  is  a  member  of  the  "  Royal  Family,"  and  every  young 
man  "  an  heir  apparent  to  the  crown,"  the  blush  of  shame  should  man- 
tle the  cheek  of  every  child  who  does  not  understand  our  Constitution 
and  Laws. 

The  Secretary  of  State,  a  few  years  ago,  in  his  report  to  the  Legis- 
lature, as  Superintendent  of  Common  Schools,  uses  the  following  lan- 
guage : 

"  The  primary  schools  are  most  intimately  connected  with  the  suc- 
cess and  stability  of  our  free  system  of  government.  Every  citizen 


VI  PREFACE. 


has  a  voice  in  determining  the  most  important  questions,  and  it  is  es- 
sential that  universal  instruction  should  be  the  companion  of  universal 
suffrage.  The  course  of  education  in  common  schools  ought  to  be 
adapted  to  the  duties  which  may  devolve  upon  the  person  instructed ; 
and  it  is  to  be  regretted  that  in  most  of  the  schools  there  is  no  attention 
paid  to  giving  a  young  man  instruction  in  regard  to  the  peculiar  du- 
ties which  devolve  upon  him  as  a  free  citizen  of  a  representative  gov- 
ernment. Each  scholar  ought  to  have  an  opportunity  in  the  schools, 
of  becoming  acquainted  with  the  principles  of  our  Constitution  and 
Laws,  and  be  enabled  to  understand  something  of  our  State  and 
national  government." 

Every  man  who  loves  his  Constitution  and  Laws,  will  readily  re- 
spond to  the  language  of  the  Hon.  Secretary,  "that  universal  instruc- 
tion should  be  the  companion  of  universal  suffrage.5'  When  the  voice 
of  every  citizen  is  heard  in  determining  the  most  important  questions, 
upon  which  often  hang  the  issues  of  life  and  death,  that  voice  should 
come  from  those  who  know  what  they  are  doing..  But  how  can  "  uni- 
versal instruction"  be  diffused  among  the  great  mass  of  our  citizens  ? 
They  cannot  study  to  advantage  our  Constitution  and  Laws  in  the  form 
in  which  they  are  laid  down  in  our  law-books ;  besides,  the  price  of 
these  books  precludes  their  use  in  schools  or  families.  Then  some 
one  must  submit  to  the  task  of  reducing  the  whole  to  a  cheap,  attrac- 
tive form.  He  must  adapt  the  whole  to  the  capacity  of  the  learner. 
He  must  critically  analyze  the  whole,  and  lead  the  mind  of  the  learner 
clearly  to  every  important  fact.  He  must  present  this  fact  in  such  a 
manner  that  the  learner  will  be  able  to  perceive,  fix,  and  secure  it  in 
his  mind  at  once.  It  is  indeed  a  laborious  task.  The  spirit  and  the 
letter  of  the  law  must  be  retained  as  far  as  possible,  but  the  capacity 
of  the  learner  must  never  be  lost  sight  of. 

In  preparing  this  work  I  have  kept  these  ideas  prominently  in 
view,  and  how  far  I  have  succeeded  in  my  undertaking  the  public 
will  judge.  I  would  gladly  have  surrendered  the  task  to  abler  hands, 
could  I  have  found  those  willing  to  undertake  it.  This  work  is  not 
without  its  errors,  and  fair  and  manly  criticism  is  earnestly  solicited. 
I  shall  gladly  hail  any  effort  from  a  more  skilful  pen — from  an  author 
who  better  understands  the  human  intellect — who  loves  his  country 
and  his  laws  more  ardently  than  I  do — to  prepare  a  work  which  shall 
supersede  my  humble  effort.  THE  AUTHOR. 


CONSTITUTION 

OF   THE 

STATE   OF   NEW  YORK. 


ARTICLE  FIRST. 

WHEN  was  the  present  Constitution  of  the  State  of  New  York 
formed  ? 

In  1821. 

When  was  this  constitution  ratified  by  the  people  and  the  former 
constitution  of  the  State  abandoned  ? 

In  1822. 

According  to  the  present  constitution,  where  is  the  Legislative 
power  vested  ? 

In  Senate  and  Assembly. 
Of  how  many  members  does  the  Senate  consist  ? 
Thirty-ty$g. 


8  CONSTITUTION   OF    THE 


For  what  time  chosen  ? 

Four  years. 

Must  the  Senators  be  freeholders  ? 
They  ,must. 
Who  are  freeholders  ? 

Persons  holding  real  estate  in  their  own  right. 
Of  how  many  members  does  the  Assembly  consist  ? 
One  hundred  and  twenty-eight. 
F6r  what  time  chosen  ? 
One  year. 

^Vyjiatv  part.of  ea^ty  ho,u,se  Constitutes  a  quorum  to  do  business  ? 
A  wiajority-i  ,<:  ,c.; ;  »   <; 

Who  form  the  rules  t>y  which  each  house  is  to  be  governed  ? 
;  :E#cH  .'h-otise.  forms;  its  -own  rules — judges  of  the  qualifi- 
cations of  "its  own*members: — and  chooses  its  own  officers. 
Who  presides  in  the  Senate  ? 
The  Lieutenant  Governor. 
If  he  is  absent  from  the  Senate,  who  presides  ? 
The  Senate  choose  a  President. 

What  is  each  house  required  to  keep  ? 

A  journal. 

How  much  of  this  journal  is  to  be  published  ? 

All,  except  such  parts  as  require  secresy. 

When  shall  both  houses  keep  open  doors  ? 

At  all  times,  except  when  the  public  welfare  shall  re- 
quire secresy. 

How  long  can  one  house  adjourn  without  the  consent  of  the  other  ? 
For  only  two  days. 

Into  how  many  senatorial  districts  is  the  State  divided  ? 
Eight. 
How  many  Senators  are  chosen  in  each  district  ? 

Four. 
How  many  Senators  are  chosen  each  year  ? 


STATE  OF  NEW^TORK. 


One  from  each  district 
How  often  may  the  senatorial  districts  be  altered  ? 

Once  in  ten  years. 
For  what  purpose  may  they  be  altered  ? 

To  give  each  senatorial  district  an  equal  number  of  in- 
habitants, or  nearly  an  equal  number. 

Can  a  county  be  divided  in  forming  a  senatorial  district  ? 

It  cannot. 
How  often  are  the  inhabitants  of  the  State  numbered  ? 

Once  in  ten  years. 
When  does  this  enumeration  take  place  ? 

Li  1845. 

In  forming  the  senatorial  districts  according  to  the  number  of  in- 
habitants, who  are  excluded  ? 

Aliens,  paupers,  and  persons  of  color  not  taxed. 
How  are  the  members  of  Assembly  chosen  ? 

By  counties. 

How  are  the  members  of  Assembly  apportioned  among  the  several 
counties  ? 

According  to  the  number  of  their  respective  inhabitants. 

By  whom  is  this  apportionment  made  ? 
By  the  Legislature. 
When  shall  it  be  made  ? 

At  its  first  session  after  the  return  of  every  enumeration. 

Every  county^is  entitled  to  what  number  of  representatives  ? 

To  at  least  one. 
Where  may  bills  originate  ? 

In  either  house. 

What  is  the  greatest  compensation  that  can  be  allowed  to  the  mem- 
bers of  the  Legislature  ? 

Three  dollars  a  day. 

Can  a  member  of  the  Legislature  receive  a  civil  appointment  from 
the  Governor  and  Senate,  or  from  the  Legislature,  during  the  time  for 
which  he  is 


10  CONSTITUTION   OF   THE 


He  cannot. 

Can  a  member  of  Congress,  or  any  person  holding  a  civil  or  mili- 
tary office  under  the  United  States,  hold  a  seat  in  the  Legislature  ? 

He  cannot. 

If  a  member  of  the  Legislature  be  elected  to  Congress,  or  appointed 
to  any  office  civil  or  military  under  the  Government  of  the  United 
States,  what  effect  does  his  acceptance  thereof  have  ? 

It  shall  vacate  his  seat  in  the  Legislature. 

After  a  bill  has  passed  both  houses  of  the  State  Legislature,  what  is 
necessary  before  it  becomes  a  law  ? 

That  it  be  presented  to  the  Governor  for  his  signature. 

If  the  Governor  thinks  that  the  bill  ought  not  to  become  a  law  and 
therefore  refuses  to  sign  it,  what  is  his  duty  ? 

To  send  it,  with  his  objections,  to  the  house  in  which  it 
shall  have  originated. 

What  is  the  duty  of  the  house,  on  receiving,  the  Governor's  objec- 
tions, returned  with  the  bill  ? 

To  enter  the  objections  at  large  on  their  journal,  and  to 
proceed  to  reconsider  the  bill. 

What  number  of  the  members  of  both  houses  of  the  Legislature  is 
necessary  in  re-passing  a  bill,  that  it  may  become  a  law  without  the 
signature  of  the  Governor  ? 

Two-thirds. 

In  how  many  days  will  a  bill  become  a  law,  if  not  returned  after  it 
is  sent  to  the  Governor  ? 

In  ten  days,  (Sunday  excepted),  unless  the  Legislature, 
by  its  adjournment,  prevent  its  return. 

How  may  officers,  holding  their  offices  during  good  behavior,  be 
removed  from  office  ? 

By  the  joint  resolution  of  both  houses  of  the  Legislature. 

What  part  of  all  the  members  elected  to  each  house  must  concur 
therein  ? 

Two-thirds   of  the  Assembly  and  a  majority  of  the 
Senate. 
When  does  the  political  year  commence  ? 


STATE    OF   NEW  YORK.  11 

On  the  first  day  of  January. 
When  do  the  members  of  the  Legislature  meet  ? 
On  the  first  Tuesday  of  January. 

When  does  the  election  for  Governor  and  other  State  officers  take 
place  ? 

On  Tuesday,  after  the  first  Monday  in  November. 


ARTICLE    SECOND. 

How  old  must  a  person  be  before  he  can  vote  for  any  officer  elected 
by  the  people  ? 

Twenty-one  years. 

How  long  must  he  have  been  an  inhabitant  of  the  State  ? 
One  year  next  preceding  any  election. 
How  long  must  he  have  been  a  resident  of  the  county  ? 
For  the  last  six  months. 
Where  is  he  entitled  to  vote  ? 

In  the  town  or  ward  where  he  actually  resides. 

How  long  must  a  man  of  color  have  been  a  citizen  of  this  state,  in 
order  to  entitle  him  to  a  vote  ? 

Three  years. 
How  long  immediately  preceding  an  election  ? 

One  year. 
He  must  be  seized  and  possessed  of  a  freehold  estate  of  what  value  ? 

Two  hundred  and  fifty  dollars  over  and  above  all  debts 
and  incumbrances  charged  thereon. 

Must  he  have  been  rated  and  paid  a  tax  thereon,  in  order  to  be  en- 
titled to  vote  at  any  election  ? 

He  must. 

Are  persons  of  color  subject  to  direct  taxation  ? 
They  are  not,  unless  they  have  property  sufficient  to 
entitle  them  to  vote. 
How  are  all  elections  made  ? 
By  ballot^xcept  a  part  of  the  town  officers. 


12  CONSTITUTION    OF    THE 


ARTICLE    THIRD. 

Where  is  the  Executive  power  in  the  State  vested  ? 

In  a  Governor. 
For  what  time  are  the  Governor  and  Lieutenant  Governor  chosen  ? 

For  two  years. 

Can  any  person,  except  a  native  citizen  of  the  United  States,  be 
Governor  of  this  State  ? 

He  cannot. 

Must  the  Governor  be  a  freeholder  ? 

He  must. 

How  old  must  he  be  ? 
Thirty  years. 
How  long  must  he  have  been  a  resident  within  this  State  ? 

Five  years. 

Does  it  require  a  majority  of  all  the  votes  in  the  State  to  elect  a 
Governor  and  Lieutenant  Governor  ? 

It  does  not.  The  person  having  the  greater  number 
of  votes  is  declared  elected. 

If  two  persons  have  each  an  equal  number  of  votes,  and  that  num- 
ber is  greater  than  any  other  of  the  candidates,  how  are  the  Governor 
and  Lieutenant  Governor  then  chosen  ? 

One  of  these  candidates  is  elected  Governor  or  Lieu- 
tenant Governor,  by  the  joint  ballot  of  both  houses. 
What  office  does  the  Governor  hold  in  the  militia  ? 

He  is  general  and  commander-in-chief. 
What  office  does  he  hold  in  the  navy  ? 

He  is  admiral  of  the  navy  of  the  State. 
When  can  he  call  together  the  Legislature,  or  the  Senate  only  ? 

On  extraordinary  occasions. 

What  does  he  communicate  by  message  to  the  Legislature  at  every 
jssion. 

The  condition  of  the  State. 
What  does  he  recommend  to  the  Legislature  ? 


STATE    OF   NEW   YORK.  13 

Such  matters  as  he  may  think  expedient. 
What  business  shall  he  transact  ? 

All  necessary  business  with  the  officers  of  government, 
civil  and  military. 

When  a  measure  is  resolved  upon  by  the  Legislature,what  is  his  duty  ? 

To  expedite  such  measure. 
What  further  shall  he  do  ? 

He  shall  see  that  the  laws  are  faithfully  executed. 

For  what  crimes  can  the  Governor  grant  reprieves  ? 

For  all  crimes  except  treason  and  cases  of  impeachment. 

Upon  conviction  for  treason  what  power  does  he  have  ? 

He  has  the  power  to  suspend  the  execution  of  the  sen- 
tence until  the  case  shall  be  reported  to  the  Legislature  at 
its  next  session. 

What  can  the  Legislature  then  do  ? 

They  can  pardon  or  grant  a  further  reprieve,  or  direct 
the  execution  of  the  criminal. 

In  case  of  the  removal  of  the  Governor  from  office,  by  death  or 
otherwise,  who  performs  the  duties  of  Governor  ? 

The  Lieutenant  Governor. 
Who  is  President  of  the  Senate  ? 
The  Lieutenant  Governor. 

If  the  Lieutenant  Governor  act  as  Governor,  who  is  President  of 
the  Senate  ? 

A  temporary  president  is  chosen  by  the  Senate. 

If  the  Lieutenant  Governor  die,  or  be  impeached,  while  acting  as 
Governor,  who  shall  then  act  as  Governor  ? 

The  President  of  the  Senate. 


14  CONSTITUTION   OF    THE 


ARTICLE    FOURTH. 

In  the  militia,  how  are  the  company  officers  chosen  ? 

By  the  written  votes  of  the  members  of  the  company. 

How  are  the  field  officers  of  regiments  and  separate  battalions 
chosen  ? 

By  the  written  votes  of  the  commissioned  officers  of  the 
companies  forming  the  regiment  or  battalion. 
How  are  brigadier  generals  chosen  ? 

By  the  field  officers  of  their  respective  brigades. 
How  are  the  major  generals  appointed  ? 

By  the  Governor. 
From  whom  do  the  commissioned  officers  receive  their  commission  ? 

The  Governor. 
How  can  they  be  removed  from  office  ? 

By  the  Senate,  on  the  recommendation  of  the  Governor, 
or  by  a  court-martial. 

How  are  the  Secretary  of  State,  Comptroller,  Treasurer,  Attorney 
General,  Surveyor  General,  and  Commissary  General  appointed  ? 

The' Senate  and  Assembly  each  nominate  one  person  to 
fill  each  office — if  each  nominate  the  same  person  he  is 
appointed — if  they  nominate  different  persons,  the  ap- 
pointment is  then  made  by  the  joint  ballot  of  the  Senate 
and  Assembly. 

How  long  does  the  Treasurer  hold  his  office  ? 

One  year. 

How  long  do  the  Secretary  of  State,  Comptroller,  Attorney  General, 
Surveyor  General,  and  Commissary  General  hold  their  offices  ? 

Three  years,  unless  sooner  removed  by  the  concurrent 
resolution  of  the  Senate  and  Assembly. 

How  are  all  judicial  officers  appointed,  except  justices  of  the  peace  ? 

By  the  Governor,  with  the  consent  of  the  Senate. 
How  are  the  justices  of  the  peace  chosen  ? 


STATE    OF   NEW    YORK.  15 

By  ballot  in  their  several  towns. 
How  long  do  they  hold  their  office  ? 
Four  years,  unless  removed  by  the  county  courts. 

If  a  justice  of  the  peace  is  to  be  removed,  what  notice  shall  be 
given  him  ? 

Notice  of  the  charges  made  against  him. 

What  opportunity  shall  be  given  him  ? 
The  opportunity  of  being  heard  in  his  own  defence. 
How  are  sheriffs  and  county  clerks  chosen  ? 
By  the  electors  of  their  respective  counties. 
For  how  long  time  elected  ? 
Three  years. 
How  subsequently  removed  ? 

By  the  Governor,  on  receiving  a  copy  of  the  charges 
against  them,  and  an  opportunity  of  being  heard  in  their 
own  defence. 

How  are  the  clerks  of  courts  appointed  ? 
By  the  courts  themselves. 
How  are  the  district  attorneys  appointed  ? 
By  the  county  courts. 
How  long  do  clerks  of  courts  and  district  attorneys  hold  their  office  ? 
For  three  years,  unless  sooner  removed  by  the  courts 
appointing  them. 

Mayors  of  cities  are  how  chosen  ? 
In  most  of  our  cities  they  are  chosen  by  ballot :  in  some 
they  are  appointed  by  the  common  council. 
How  long  do  they  hold  their  office  ? 
One  year. 

For  what  time  are  coroners  in  each  county  elected  ? 
For  three  years. 
How  elected  ? 

In  the  same  manner  as  the  sheriff  of  the  county. 


16  CONSTITUTION    OF    THE 


How  are  examiners  and  masters  in  chancery  appointed  ? 

They  are  appointed  by  the  Governor,  with  the  consent 
of  the  Senate. 

How  long  do  they  hold  their  office  ? 

Three  years,  unless  sooner  removed  by  the  Senate,  on 
the  recommendation  of  the  Governor. 

The  register  and  assistant  register  are  how  appointed  ? 

By  the  Chancellor,  and  hold  their  office  during  his 
pleasure. 

How  are  the  special  justices  and  the  assistant  justices  and  their 
clerks  in  the  city  of  New  York  appointed  ? " 

By  the  common  council  of  the  city. 
How  long  do  they  hold  their  office  ? 

Four  years. 


ARTICLE  FIFTH. 

You  have  heard  of  causes  being  carried  up  to  the  court  for  the  cor- 
rection of  errors  :  will  you  tell  me  of  what  this  court  is  composed  ? 

The  Senators,  the  Lieutenant  Governor,  the  Chancellor, 
and  the  three  justices  of  the  supreme  court. 

If  a  cause  is  carried  up  from  the  supreme  court  to  the  court  for  the 
correction  of  errors,  can  the  justices  of  the  supreme  court  have  a 
voice  in  the  final  decision  of  the  cause  ? 

They  cannot.  They  can  only  assign  the  reasons  for 
their  former  decision. 

Who  have  the  power  of  impeaching  all  civil  officers  of  this  State  for 
corrupt  conduct  in  office,  or  for  high  crimes  and  misdemeanors  ? 

The  Assembly. 

How  large  a  part  of  the  members  of  the  Assembly  must  concur  in 
an  impeachment  ? 

A  majority  of  all  the  members  elected. 
After  an  officer  is  impeached  by  the  Assembly,  by  whom  is  this 
impeachment  to  be  tried  ? 


STATE    OF   NEW   YORK.  17 

By  the  court  for  the  trial  of  impeachments,  which  is 
the  court  for  the  correction  of  errors. 

When  the  court  proceed  to  try  the  impeachment,  wnjtt  oath  do  they 
take? 

An  oath  or  affirmation,  "  truly  and  impartially  to  try 
and  determine  the  charge  in  question  according  to  evi- 
dence." 

What  part  of  the  members  of  the  court  must  concur  in  order  to 
convict  the  person  of  the  charge  against  him  ? 

Two-thirds  of  the  members  present  ? 

How  far  can  judgment  extend  in  cases  of  impeachment  ? 

To  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust,  or  profit  under  this  State. 

In  the  impeachment  of  civil  officers,  in  what  capacity  does  the  As- 
sembly act  ? 

In  the  capacity  of  a  grand  jury  in  finding  a  bill  of  in- 
dictment against  a  criminal. 

In  what  capacity  do  the  members  of  the  court  for  the  trial  of  im- 
|  peachments  and  correction  of  errors  act,  in  trying  a  civil  officer  who 
has  been  impeached  by  the  Assembly  ? 

In  the  capacity  of  a  petit  jury. 

How  long  do  the  chancellor  and  justices  of  the  supreme  court  hold 
their  office  ? 

During  good  behavior,  or  until  they  shall  attain  the 
age  of  sixty  years. 

Of  what  does  the  supreme  court  consist  ? 

It  consists  of  a  chief  justice  and  two  justices,  either  of 
whom  may  hold  the  court. 

Into  how  many  circuits  is  the  State  divided  ? 

Eight. 

How  many  circuit  judges  are  appointed  ? 
Eight ;  who  are  appointed  in  the  same  manner  and  for 
the  same  length  of  time  as  the  justices. 


18  CONSTITUTION   OF    THE 

How  long  do  judges  of  county  courts  and  recorders  of  cities  hold 
their  office  ? 

For  five  years,  unless  sooner  removed  by  the  Senate,  on 
the  recommendation  of  the  Governor. 

Can  the  chancellor,  justices  of  the  supreme  court,  or  the  circuit 
judges,  hold  any  other  office  of  public  trust  ? 

They  cannot. 


ARTICLE   SIXTH. 

What  oath  are  all  members  of  the  Legislature,  and  all  officers,  ex- 
ecutive and  judicial  (except  a  few  inferior  officers),  required  to  take 
and  subscribe  before  they  enter  on  the  duties  of  their  respective 
offices  ? 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  support 
the  constitution  of  the  United  States  and  the  constitution 
of  the  State  of  New  York :  and  that  I  will  faithfully  dis- 
charge the  duties  of  the  office  of ,  according  to 

the  best  of  my  ability." 

Is  any  other  oath,  declaration,  or  test,  required  as  a  qualification 
for  any  office  or  public  trust  ? 

There  is  not. 


ARTICLE    SEVENTH. 

How  only  can  a  member  of  this  State,  be  disfranchised,  or  deprived 
of  rights  and  privileges  secured  to  other  citizens  ? 

Only  by  the  law  of  the  land  or  the  judgment  of  his 
peers. 

How  long  and  to  whom  shall  the  free  exercise  and  enjoyment  of 
religious  profession  and  worship,  without  discrimination  or  preference, 
be  allowed  in  this  State  ? 

For  ever,  to  all  mankind. 
Shall  the  liberty  of  conscience  hereby  secured  be  construed  so  as  to 


STATE    OF   NEW  YORK.  19 


excuse  acts  of  licentiousness,  or  justify  practices  inconsistent  with  the 
peace  and  safety  of  this  State  ? 

It  shall  not. 

What  does  the  constitution  of  this  State  declare  respecting  minis- 
ters of  the  gospel  and  priests  of  every  denomination  ? 

That  they  shall  not  be  eligible  to,  or  capable  of  hold- 
ing any  civil  or  military  office  or  place  within  the  State. 

What  is  required  of  the  militia  of  this  State  at  all  times  ? 

To  be  armed  and  disciplined,  and  in  readiness  for  ser- 
vice. 

If  the  members  of  any  religious  denomination  are  from  scruples  of 
conscience  averse  to  bearing  arms,  on  what  ground  can  they  be  ex- 
cused ? 

By  paying  to  the  State  an  equivalent  in  money. 

When  only  shall  the  privilege  of  the  writ  of  habeas  corpus  be  sus- 
pended ? 

Only  when  in  cases  of  rebellion  or  invasion  the  public 
I  safety  may  require  its  suspension. 

When  only  shall  a  person  be  held  to  answer  for  a  capital  or  other- 

[  wise  infamous  crime  ? 

On  presentment  or  indictment  of  a  grand  jury. 
When  a  criminal  is  tried  what  shall  he  be  allowed  ? 
Counsel. 

Can  a  person  be  twice  put  in  jeopardy  of  life  or  limb  for  the 
same  offence  ? 

He  cannot. 
What  shall  he  not  be  compelled  to  do  in  any  criminal  case  ? 

To  testify  against  himself. 
How  only  shall  a  person  be  deprived  of  life,  liberty,  or  property  ? 

Only  by  due  process  of  law. 
Can  private  property  be  taken  for  public  use  ? 

It  cannot  without  just  compensation. 

To  what  extent  is  the  freedom  of  speech  and  of  the  press  secured  ? 
So  far  that  every  citizen  may  freely  speak,  write  and 


20  CONSTITUTION    OF    THE    STATE    OF    NEW    YORK. 


publish  his  sentiments  on  all  subjects,  being  responsible 
for  the  abuse  of  that  right. 

Can  any  law  be  passed  to  abridge  the  liberty  of  speech  or  of  the 
press  ? 

There  cannot. 

In  all  prosecutions  for  libel  what  may  be  given  in  evidence  to  the 
jury? 

The  truth  may  be  given  in  evidence. 

If  it  shall  appear  to  the  jury  that  the  matter  charged  as  libellous  is 
true,  and  was  published  with  good  motives,  and  for  justifiable  ends, 
what  shall  be  done  ? 

The  party  shall  be  acquitted. 

If  a  bill  be  passed  appropriating  public  moneys  or  property  for  local 
or  private  purposes,  or  a  bill  for  creating,  continuing,  altering,  or  re- 
newing any  body  politic  or  corporate,  what  part  of  the  members 
elected  to  both  houses  must  concur  therein  ? 

Two-thirds. 

For  what  purpose  are  the  proceeds  of  the  public  lands  and  the  toll 
from  the  canals  appropriated  / 

To  the  support  of  common  schools. 
Where  may  propositions  to  amend  this  constitution  be  made  ? 
In  the  Senate  or  Assembly. 

If  the  proposed  amendments  are  agreed  to  by  a  majority  of  the 
members  of  both  houses,  where  shall  the  proposed  amendments  be 
entered  ? 

On  the  journal  of  each  house. 
To  whom  must  these  amendments  then  be  referred  ? 
To  the  Legislature  then  next  to  be  chosen. 

How  long  shall  these  proposed  amendments  be  published  previous 
to  choosing  the  next  Legislature  ? 

Three  months. 

If  two-thirds  of  the  Legislature  then  chosen  agree  to  the  amend- 
ments, what  is  next  to  be  done  ? 

The  amendments  are  to  be  submitted  to  the  people,  and 
if  approved  by  a  majority  of  the  legal  voters,  the  amend- 
ments s;»  ill  become  part  of  the  constitution. 


REVISED    STATUTES   OF    THE    STATE    OF   NEW  YORK.       21 


REVISED  STATUTES 

OF   THE 

STATE    OF   NEW  YORK- 


PART   FIRST. 

CHAPTER    I. 

WHAT  is  the  first  subject  treated  of  in  this  chapter? 
The  boundaries  of  the  State. 

In  describing  the  boundaries  of  the  State,  at  what  point  does  this 
description  commence  ? 

At  Lyons  Point,  in  the  mouth  of  a  brook  or  river  called 
Byram  River,  where  it  falls  into  Long  Island  Sound. 

What  is  then  given  ? 

A  minute  description  of  the  entire  boundaries  of  the 
State. 

How  far  does  the  sovereignty  and  jurisdiction  oT  this  State  extend  ? 

To  all  places  within  the  boundaries  thereof. 

When  a  place  in  this  State  is  ceded  to  the  United  States,  what  ju- 
risdiction does  the  State  retain  ? 

A  jurisdiction  limited  by  the  terms  of  such  cession. 

What  is  the  duty  of  the  Governor  and  all  the  subordinate  officers 
of  the  State  ? 

To  maintain  its  sovereignty  and  jurisdiction. 
If  persons  intrude  upon  any  of  the  waste  or  ungranted  lands  of  the 
State,  what  is  the  duty  of  the  district  attorney  of  the  county  ? 

To  report  the  same  to  the  Governor  immediately. 


22  REVISED    STATUTES   OF    THE 

What  is  the  duty  of  the  Governor  ? 

By  a  written  order,  to  direct  the  sheriff  of  the  county  to 
remove  from  said  lands  the  person  so  intruding. 
What  is  the  duty  of  the  sheriff  ? 

To  execute  such  order. 
In  case  of  resistance  made  or  threatened,  what  may  the  sheriff  do  ? 

He  may  call  to  his  aid  the  power  of  the  county. 
How  many  places  in  this  State  are  ceded  to  the  United  States  ? 

About  forty. 
For  what  purposes  are  these  places  ceded  ? 

For  erecting  forts,  light-houses,  &c.,  thereon. 

Can  the  jurisdiction  ceded  to  the  United  States  impede  or  prevent 
the  execution  of  any  process  of  law,  civil  or  criminal,  under  the  au- 
thority of  the  State  ? 

It  cannot,  except  so  far  forth  as  such  process  may  af- 
fect the  real  or  personal  property  of  the  United  States. 

How  long  will  this  jurisdiction  of  the  United  States  continue  ? 

As  long  as  it  shall  remain  in  the  occupancy  of  the 
United  States  or  of  their  officers,  agents,  or  servants,  and 
no  longer. 

CHAPTER    II. 

Of  what  does  Chapter  Second  treat  ? 

Of  the  civil  divisions  of  the  State. 
Into  how  many  counties  is  the  State  divided  ? 

Fifty-six. 
Into  how  many  senate  districts  is  the  State  divided  ? 

Eight, 

When  persons  intend  to  apply  to  the  Legislature  for  the  erection 
of  a  new  county — or  for  the  incorporation  of  a  city  or  village — or  for 
the  alteration  of  any  county,  city,  or  village,  what  are  they  required 
to  do? 

To  cause  notice  of  such  intended  application  to  be 
published. 


STATE    OF   NEW   YORK.  23 

What  shall  they  also  procure  ? 

An  accurate  survey  and  map  of  the  territory  described 
in  such  application. 

How  shall  this  map  be  verified  ? 

By  the  oath  of  the  surveyor. 
What  shall  be  done  with  this  map  ? 

It  shall  be  laid  before  the  Legislature,  before  any  ac- 
tion upon  the  application. 

If  a  law  shall  be  passed  pursuant  to  the  application,  what  shall  be 
done  with  the  survey  or  map  ? 

It  shall  be  filed  in  the  office  of  the  surveyor-general  of 
the  State. 

When  a  town  is  to  be  altered,  or  a  new  town  erected  from  other 
towns,  from  whom  must  the  application  to  the  Legislature  come  ? 

From  the  inhabitants, 

By  how  many  freeholders  of  each  town  affected  by  the  change 
must  a  notice  of  such  intended  application  be  signed  ? 

By  at  least  five. 
Where  must  this  notice  be  posted  ? 

On  the  outer  door  of  the  house,  where  the  town-meet- 
ing is  to  be  held. 

How  long  previous  to  the  town-meeting  ? 

Ten  days. 
By  whom  shall  a  copy  of  this  notice  be  read  at  the  meeting  ? 

By  the  clerk  of  the  town. 


CHAPTER    III. 

Of  what  does  Chapter  Third  treat? 

Of  the  census,  or  the  enumeration  of  the  inhabitants  of 
the  State. 

How  often  is  the  census  taken  ? 
Once  in  ten  years. 


24  REVISED    STATUTES    OF    THE 


When  does  this  enumeration  take  place  ? 

In  !845-'55-'65. 

To  whom  shall  the  secretary  of  State  transmit  by  mail  before  the 
first  of  May  in  every  tenth  year  uniform  blank  returns  and  abstracts 
in  conformity  to  the  forms  and  Dro visions  herein  contained,  together 
with  copies  of  this  chapter  ? 

To  the  clerk  of  each  county  in  the  State. 
How  many  copies  shall  be  transmitted  ? 
As  many  as  there  are  towns  or  wards  in  their  respec- 
tive counties. 

What  are  the  persons  called  who  are  appointed  to  number  the  in- 
habitants, and  to  perform  the  other  duties  prescribed  in  this  chapter  ? 

Marshals. 

How  are  the  marshals  in  cities  appointed  ? 
By  the  common  council. 
How  in  towns  ? 

By  the  supervisors,  town  clerk,  and  assessors. 

How  many  marshals  shall  be  appointed  ? 
One  for  each  town  or  ward. 
When  shall  they  be  appointed  ? 

Before  the  first  Monday  in  July  in  each  such  tenth 
year. 

When  the  marshals  have  been  appointed,  what  is  the  duty  cf  the 
county  clerk  ? 

To  transmit  a  blank  return  to  each  marshal  in  the 
county. 

What  is  the  duty  of  the  marshal  when  he  receives  the  blank  return  ? 

To  proceed  to  enumerate,  truly  and  accurately,  the  in- 
habitants residing  in  the  town  or  ward  for  which  he  was 
appointed. 

How  shall  he  do  this  ? 

By  making  actual  inquiry  at  the  dwelling-house,  or  of 
the  head  of  every  family  residing  therein. 

What  further  shall  he  do  ? 


STATE    OF   NEW    YORK. 


25 


He  shall  obtain  the  statistical  information  to  fill  the 
blank  return. 

How  shall  a  person  residing  in  any  family  on  the  first  day  of  July,  in 
that  year,  be  returned  ? 

As  a  member  of  that  family. 

How  shall  persons  occasionally  absent  be  returned  ? 

As  belonging  to  the  place  where  they  usually  reside. 

What  shall  be  done  with  the  return  so  made  out  ? 

It  shall  be  sworn  to  by  the  marshal  and  returned  to 
the  county  clerk  before  the  first  day  of  December. 

What  is  the  duty  of  the  county  clerk  ? 

To  make  an  abstract  from  each  return  of  the  sum  total 
of  each  town  or  ward  in  his  county. 

WThat  shall  he  do  with  this  abstract  ? 

Forward  it  to  the  secretary  of  State  before  the  second 
Tuesday  in  January  following. 

What  is  the  duty  of  the  secretary  of  State  when  he  receives  the 
abstracts  from  the  county  clerks  ? 

To  prepare  a  report  and  present  it  to  the  Legislature. 

How  are  the  marshals'  and  county  clerks'  fees  paid  ? 

By  the  common  council  of  the  city  of  New  York,  and 
by  the  board  of  supervisors  in  the  other  counties. 

If  any  person  twenty-one  years  of  age  in  any  family  shall  refuse  to 
give  to  the  marshal  such  information  as  is  required,  what  is  the 
penalty  ? 

Twenty-five  dollars  and  cost  of  suit. 


26  REVISED    STATUTES    OF    THE 


CHAPTER    IV. 

Of  what  does  Chapter  Fourth  treat  ? 

Of  the  rights  of  the  citizens  and  inhabitants  of  the  State 
of  New  York. 

What  is  the  only  authority  that  can  be  exercised  over  the  inhabit- 
ants of  this  State  ? 

Such  only  as  is  derived  from  and  granted  by  the  people 
of  this  State. 

How  only  can  a  tax,  duty,  aid,  or  imposition,  be  levied  upon  the  peo- 
ple of  this  State  ? 

Only  by  a  law  of  the  United  States,  or  by  the  Legis- 
lature of  this  State. 

Has  every  person  a  right  to  keep  and  bear  arms  ? 
He  has,  and  this  right  cannot  be  infringed. 

Can  any  soldier,  in  time  of  peace,  be  quartered  in  any  house  with- 
out the  consent  of  the  owner  ? 

He  cannot,  nor  in  war,  but  in  a  manner  to  be  prescribed 
by  law. 

How  only  can  a  person  be  disfranchised,  or  deprived  of  any  right 
or  privilege  secured  to  any  other  citizen  ? 

Only  by  a  law  of  the  land  or  the  judgment  of  his  peers. 

Have  the  people  a  right  to  be  secure  in  their  persons,  houses,  pa- 
pers and  effects,  against  unreasonable  searches  and  seizures  ? 

They  have,  and  this  right  should  never  be  violated. 
When  only  can  a  warrant  issue  ? 

Only  upon  probable  cause,  supported  by  oath  or  affirm- 
ation. 

What  shall  be  described  in  such  warrant  ? 

The  place  to  be  searched,  and  the  person  or  thing  to  be 
seized. 

What  right  has  the  accused  in  all  criminal  cases  ? 


STATE  OF  NEW  YORK.  27 


A  right  to  a  speedy  and  public  trial  by  an  impartial 

jury- 
To  what  is  he  entitled  ? 

To  be  informed  of  the  nature  and  cause  of  the  accusa- 
tion against  him. 

What  right  has  he  in  respect  to  the  witnesses  ? 

To  be  confronted  with  the  witnesses  against  him,  and 
to  have  compulsory  process  for  obtaining  witnesses  in 
his  favor. 

Can  justice  or  right  be  sold  to  any  one,  or  denied  or  deferred  ? 

It  cannot. 

To  whom  shall  writs  and  process  be  granted  freely  and  without 
delay  ? 

To  all  persons  requiring  the  same  and  paying  the  fees 
required  by  law. 

Shall  an  inhabitant  of  this  State  be  fined  or  amerced  without  rea- 
sonable cause  ? 

He  shall  not. 
To  what  shall  the  fine  or  amercement  be  always  proportioned  ? 

To  the  nature  of  the  offence. 
What  shall  not  be  required  of  the  accused  ? 

Excessive  bail. 
What  shall  not  be  inflicted  ? 

Cruel  or  unusual  punishment. 
How  should  all  elections  be  ? 

They  should  be  free ;  and  no  person  by  violence  or 
otherwise  should  be  disturbed  in  the  free  exercise  of  the 
right  of  suffrage. 

What  right  of  petition  have  the  inhabitants  of  this  Slate  ? 

A  right  to  petition  the  Governor  or  each  house  of  the 
Legislature ;  and  they  cannot  be  committed  or  prosecuted 
for  such  petitioning. 


28  REVISED    STATUTES    OF    THE 

CHAPTER   V. 

Of  what  does  Chapter  Fifth  treat  ? 
Of  the  civil  officers  of  the  State. 
Into  how  many  classes  are  the  civil  officers  divided  ? 
Four:  legislative,  executive,  judicial,  and  administrative. 
Who  are  included  in  the  class  of  legislative  officers  ? 
All  the  civil  officers  engaged  in  making  laws. 
Who  are  included  in  the  class  of  executive  officers  '/ 
The  Governor,  Lieutenant  Governor,  secretary  of  state, 
comptroller,  treasurer,  attorney  general,  surveyor  general, 
state  printer,  private  secretary  of  the  Governor,  and  door- 
keeper of  the  executive  chamber. 
Who  are  included  in  the  class  of  judicial  officers  ? 

The  judges  and  all  other  officers  of  court. 

Who  are  included  in  the  class  of  administrative  officers  ? 

The  commissioners,  inspectors,  and  agents  of  the  State 
government. 
Where  must  commissioners  of  deeds  reside  ? 

In  the  town  or  city  for  which  they  were  appointed. 
Where  can  they  exercise  the  duties  of  their  office  ? 

At  any  place  within  the  county. 
Where  must  notaries  public  reside  ? 

Within  the  county  for  which  they  were  appointed. 
Where  can  they  exercise  the  duties  of  their  office  ? 

At  any  place  within  the  State. 

Where  must  circuit  judges,  supreme  court  commissioners,  masters 
and  examiners  in  chancery  reside  ? 

Within  the  circuit,  district,  county  or  place  for  which 
they  shall  have  been  appointed. 

Where  must  judges  of  county  courts  and  recorders  of  cities  reside  ? 

Within  the  county  or  city  for  which  they  shall  have 
been  appointed. 


STATE    OF   NEW   YORK.  29 


Where  must  justices  of  the  peace  reside  ? 

In  the  town  for  which  they  are  elected. 
How  long  do  masters  in  chancery  hold  their  office  ? 

Three  years. 
How  are  Senators  and  members  of  the  Assembly  chosen  ? 

By  the  people. 

For  how  long  time  ? 

Senators  for  four  years,  and  members  of  the  Assembly 

for  one  year. 

How  are  Senators  chosen  ? 

By  districts. 

How  are  the  members  of  the  Assembly  chosen  ? 

By  counties. 

How  many  Senators  are  chosen  annually  in  each  senatorial  district  ? 

One. 

Each  county  is  entitled  to  at  least  what  number  of  members  in  the 
Assembly  ? 

To  at  least  one. 

Must  Senators  be  freeholders  ? 

They  must. 

How  often  are  a  Governor  and  Lieutenant  Governor  elected  ? 

Once  in  two  years. 

What  are  the  qualifications  of  a  master  in  chancery  ? 

He  must  be  of  the  degree  of  counsellor  of  the  supreme 
court,  or  of  solicitor  or  counsellor  in  the  court  of  chancery. 

How  are  surrogates  and  supreme  court  commissioners  appointed  ? 

They  are  nominated  by  the  Governor  and  appointed  by 
him,  with  the  consent  of  the  Senate. 

What  are  the  qualifications  of  a  supreme  court  commissioner  ? 

He  must  be  counsellor  at  law  of  the  supreme  court. 

How  are  the  district  attorneys  appointed  ? 
By  the  county  courts. 
Who  only  shall  be  appointed  ? 


30  REVISED    STATUTES    OF    THE 


A  counsellor  at  law  of  the  supreme  court. 

If  there  is  no  counsellor  residing  in  the  county,  who  may  be  ap- 
pointed ? 

An  attorney  at  law. 
How  long  do  district  attorneys  hold  their  office  ? 

For  three  years,  unless  sooner  removed  by  the  court 
appointing  them. 
By  whom  are  the  register  and  assistant  register  appointed  ? 

By  the  chancellor. 
How  long  do  they  hold  their  office  ? 

During  the  pleasure  of  the  chancellor. 
By  whom  is  the  State  reporter  appointed  ? 

By  the  Lieutenant  Governor,  the  chancellor,  and  chief 
justice. 

How  long  does  he  hold  his  office  ? 

During  the  pleasure  of  those  appointing  him. 
By  whom  is  the  reporter  in  chancery  appointed  ? 

By  the  chancellor,  and  holds  his  office  at  the  will  of  the 
chancellor. 

How  long  must  a  person  have  been  a  counsellor  at  law  to  be  ap- 
pointed reporter  ? 

Five  years. 

By  whom  are  counsellors,  solicitors,  and  attorneys  appointed  ? 

By  the  several  courts  of  law  and  equity  in  which  they 
intend  to  practise. 

By  whom  shall  their  license  be  signed  ? 

By  the  chancellor,  chief  justice,  or  presiding  judge  of 
the  court. 

How  long  do  they  hold  their  office  ? 

During  life,  unless  removed  by  the  courts  appointing 
them. 

Can  clerks  of  courts,  sheriffs,  and  coroners,  practise  as  attorneys  ? 

They  cannot. 


STATE    OF   NEW  YORK.  31 


How  are  the  commissioners  of  deeds  in  each  town  of  the  State 
appointed  ? 

By  the  judges  of  the  county  courts  and  board  of  super- 
visors. 

How  long  do  they  hold  their  office  ? 

Four  years,  unless  sooner  removed  by  the  judges  of  the 
county  courts* 

The  special  justices  and  assistant  justices  and  their  clerks,  in  the 
city  of  New  York,  are  how  appointed  ? 

By  the  common  council  of  the  city. 
How  long  do  they  hold  their  office  ? 

Four  years. 
How  many  justices  of  the  peace  are  there  in  each  town  ? 

Four. 
How  many  are  chosen  annually  ? 

One. 
For  what  time  do  they  hold  their  office  ? 

Four  years. 
How  are  sheriffs  and  clerks  of  counties  chosen  ? 

By  ballot. 

For  what  time  ? 

Three  years. 

Can  the  sheriff  hold  any  other  office  ? 
He  cannot. 

Can  he  be  re-elected  for  the  next  three  years  after  the  termination 
of  his  office  ? 

He  cannot. 
How  many  coroners  are  appointed  in  each  county  ? 

One  for  the  city  and  county  of  New  York,  and  four  for 
ever}-  other  county  in  the  State. 
How  long  do  they  hold  their  office  ? 
Three  years. 

Who  are  the  commissioners  of  the  land  office  ? 
The  Lieutenant  Governor,  the  speaker  of  the  Assembly, 


32  REVISED    STATUTES    OF    THE 

the  secretary  of  state,  the  attorney  general,  the  comptrol- 
ler, and  the  treasurer. 

Who  are  the  commissioners  of  the  canal  fund  ? 

The  same  as  the  commissioners  of  the  land  office,  except 
the  speaker  of  the  House. 

How  are  the  canal  commissioners  appointed  ? 

By  the  Legislature,  in  the  same,  manner  as  the  secre- 
tary of  state. 

Who  are  the  trustees  of  the  state  library  ? 

The  Governor,  Lieutenant  Governor,  secretary  of  State, 
attorney  general,  and  comptroller. 

Who  is  superintendent  of  the  common  schools  ? 

The  secretary  of  state. 

The  county  treasurer  is  how  appointed  ? 
By  the  supervisors  of  the  county. 

How  old  must  a  person  be  to  hold  office  in  this  State  ? 
Twenty-one  years,   and  he  must  be  a  citizen  of  the 
State. 

When  do  the  State  officers  elected  by  the  people  enter  on  the  duties 
of  their  office  ? 

On  the  first  day  of  January. 
How  are  deputy  officers  appointed  ? 

By  the  body,  board,  or  officer,  to  which  or  to  whom 
they  shall  be  subordinate. 

How  long  shall  every  office,  the  duration  of  which  is  not  prescribed, 
be  held  ? 

During  the  pleasure  of  the  authority  making  the  ap- 
pointment. 

How  long  shall  public  officers,  who  have  entered  upon  the  duties  of 
their  office,  continue  to  discharge  those  duties  ? 

Till  a  successor  is  appointed  and  qualified. 
What  officers  do  not  hold  their  office  beyond  the  time  specified, 
even  if  others  are  not  appointed  ? 


STATE    OF   NEW   YORK.  33 


Those  who  hold  their  office  till  sixty  years  of  age. 
How  are  nominations  made  by  the  Governor  to  the  Senate  ? 
In  writing. 

If  the  Senate  concur  in  the  nomination  of  the  Governor,  what  is  the 
duty  of  the  clerk  of  the  Senate  ? 

To  deliver  a  copy  of  the  resolution  of  concurrence  to 
the  secretary  of  state,  and  a  copy  to  the  Governor. 

By  whom  are  the  commissions  of  all  civil  officers  appointed  by  the 
Governor  and  Senate  signed  ? 

By  the  Governor. 
By  whom  attested  ? 

The  secretary  of  state,  under  the  seal  of  the  State,  and 
it  shall  be  recorded  by  the  secretary. 

How  soon  must  the  oath  of  office  be  taken  and  subscribed  ? 

Within  fifteen  days  after  the  officer  is  notified  of  his 
election,  or  within  fifteen  days  after  the  commencement 
of  his  term  of  office. 

Before  whom  may  the  oath  be  taken  and  subscribed  ? 

The  chancellor,  justices  of  the  supreme  court,  cir- 
cuit judges,  secretary  of  state,  attorney  general,  Lieu- 
tenant Governor,  president  of  the  Senate,  speaker  of  the 
House  of  Assembly,  judges  of  the  county  courts,  may- 
ors or  recorders  of  cities,  the  clerk  of  any  county  or  city, 
or  the  clerk  of  any  court  of  record. 

What  is  the  penalty  for  performing  the  duties  of  any  office  without 
having  taken  and  subscribed  the  oath  of  office,  or  executing  any  bond 
required  by  law  ? 

The  forfeiture  of  office,  fine,  or  imprisonment. 
When  may  members  of  the  Legislature  take  the  oath  of  office  ? 
At  any  time  during  the  term  for  which  they  were  elected. 

If  the  Governor,  Lieutenant  Governor,  secretary  of  State,  comp- 
troller, treasurer,  attorney  general,  and  State  printer  resign  their 
office,  to  whom  shall  they  tender  their  resignation  ? 

To  the  Legislature. 


34  REVISED    STATUTES    OF    THE 


To  whom  shall  all  officers  appointed  by  the  Governor,  or  by  him., 
with  the  consent  of  the  Senate,  tender  their  resignation  ? 

To  the  Governor. 

Senators  and  members  of  the  Assembly,  to  whom  ? 
To  the  presiding  officers  of  their  respective  houses,  ew 
Sheriffs,  coroners,  county  clerks,  and  register  of  New  York3  to 
whom  ? 

To  the  Governor. 

District  attorneys  to  whom  ? 

To  the  courts  which  appointed  them. 
Justices  of  the  peace  to  whom  ? 

To  the  supervisors  of  the  town. 
Commissioners  of  deeds,  for  towns,  to  whom  ? 

To  the  first  judge  of  the  county. 
To  whom  shall  all  other  officers  tender  their  resignation  ? 

To  the  body,  board,  or  officer  that  appointed  them. 
On  the  happening  of  what  events  do  all  offices  become  vacant  ? 

1.  The  death  of  an  incumbent. 

2.  His  resignation. 

3.  His  removal  from  office. 

4.  His  ceasing  to  be  an  inhabitant  of  the  State. 

5.  His  ceasing  to  be  an  inhabitant  of  the  district,  county 
or  town  in  which  the  law  requires  him  to  reside. 

6.  His  conviction  of  an  infamous  crime,  or  violating 
his  oath  of  office. 

7.  His  refusal  to  take  the  oath  of  office  within  the  time 
required  by  law,  or  to  give  or  renew  any  bond  required. 

8.  The  decision  of  a  competent  tribunal,  declaring  voic 
his  election  or  appointment. 

What  shall  each  officer,  on  demand,  deliver  to  his  successor  ? 
All  the  books  and  papers  in  his  custody  as  such  officer 

If  the  officer  refuse  to  deliver  up  the  papers  to  his  successor  in 
office,  to  whom  shall  his  successor  make  complaint  thereof? 


STATE    OF   NEW  YOKK.  35 

The  chancellor,  justice  of  the  supreme  court,  circuit 
judge,  or  the  first  judge  of  the  county  where  the  person 
so  refusing  shall  reside. 

What  is  the  duty  of  the  judge  to  whom  complaint  is  made? 

To  grant  an  order,  directing  the  person  so  refusing  to 
show  cause  before  him,  within  a  short  and  reasonable 
time,  why  he  should  not  be  compelled  to  deliver  the  same. 

If  at  the  time  appointed,  the  officer  shall  make  oath  that  he  has 
delivered  to  his  successor  all  the  books  and  papers  within  his  custody, 
or  pertaining  to  his  office,  within  his  knowledge,  what  shall  be  done  ? 

He  shall  be  discharged. 

If  he  refuse  to  make  such  oath,  and  it  shall  appear  that  any  such 
books  are  withheld,  what  shall  the  judge  or  officer  before  whom  such 
proceedings  are  held  do  ? 

He  shall  by  warrant  commit  the  person  so  withholding 
to  the  jail  of  the  county,  there  to  remain  till  he  shall  de- 
liver such  books  and  papers,  or  be  otherwise  discharged 
according  to  law. 

Can  the  judge  also  issue  a  search-warrant  to  obtain  such  papers 
and  books  ? 

He  can. 

To  whom  shall  this  warrant  be  directed  ? 
To  any  sheriff  or  constable. 

What  places  shall  the  sheriff  search  ? 

Those  described  in  the  warrant. 
When  shall  the  search  be  made  ? 

In  the  day  time. 


CHAPTER   VI. 

Of  what  does  Chapter  Sixth  treat  ? 
Of  the  manner  of  conducting  elections. 
Who  are  allowed  to  vote  ? 


36  REVISED   STATUTES   OF   THE 

Every  male  citizen  of  twenty-one  years  of  age  who  is 
otherwise  qualified. 

How  long  must  he  have  been  an  inhabitant  of  the  State  ? 
One  year,  next  preceding  any  election. 
How  long  a  resident  of  the  county  ? 
Six  months. 

Where  is  he  entitled  to  vote  ? 

In  the  town  or  ward  where  he  actually  resides. 
How  long  must  a  person  of  color  have  been  an  inhabitant  of  the 
State  to  be  entitled  to  vote  ? 
Three  years. 

How  long  immediately  preceding  the  election  ? 
One  year. 

What  must  be  the  value  of  his  freehold  estate  over  and  above  all 
debts  and  incumbrances  charged  thereon  ? 

Two  hundred  and  fifty  dollars,  and  he  must  have  been 
actually  rated  and  paid  a  tax  thereon. 

Can  a  person  convicted  of  an  infamous  crime  vote  at  an  election  ? 
He  cannot,  unless  pardoned  and  restored  to  the  rights 
of  a  citizen. 

What  are  general  elections  ? 

Such  as  are  held  at  the  same  time  in  every  county. 

What  are  special  elections  ? 
Those  held  only  in  a  particular  district  or  county. 

When  a  general  election  is  to  take  place,  who  gives  notice  of  that 
election  ? 

The  secretary  of  state. 
To  whom  does  he  direct  this  notice  ? 
To  the  sheriff,  clerk,  or  first  judge  of  each  county. 
What  kind  of  notice  shall  it  be  ? 
A  notice  in  writing. 

What  is  the  duty  of  the  sheriff,  clerk,  or  first  judge  of  each  county, 
who  receives  notice  of  an  election  ? 


STATE  OF  NEW  YORK.  37 

To  give  notice  in  writing  to  one  of  the  inspectors  in 
each  town  or  ward  in  his  county. 
Who  are  the  inspectors  of  elections  in  each  town  ? 
The  supervisor,  assessors,  and  town  clerk  of  each  town. 

Who  are  the  inspectors  of  wards  in  most  of  oar  cities  ? 

Such   persons  as  the  common  councils  of  the  cities 
appoint. 

Where  shall  this  notice  be  published / 

In  all  the  public  newspapers  printed  in  the  county. 

If  no  public  paper  is  printed  in  the  county  ? 

It  shall  be  published  in  an  adjoining  county  once  in 
each  week  from  the  date  of  such  notice  until  the  election. 
What  is  the  duty  of  the  inspector  receiving  the  notice  ? 

To  give  notice  to  the  other  inspectors  in  his  town  or 
ward. 

What  shall  he  fix  ? 

A  time  and  place  for  the  meeting  of  the  board  of  in- 
spectors. 

How  shall  the  inspectors  give  notice  to  the  electors  ? 

By  posting  a  notice  in  a  conspicuous  manner  in  five  of 
the  most  public  places  of  their  town  or  ward. 

When  shall  this  notice  be  posted  ? 

At  least  eight  days  before  the  election. 

What  shall  such  notice  contain  ? 

The  officers  to  be  chosen,  and  the  hour  of  opening, 
adjourning,  and  closing  the  poll  each  day. 

Who  is  the  chairman  of  the  meeting  of  the  board  of  inspectors  ? 

The  supervisor,  if  he  is  one  of  the  board ;  if  not,  a  chair- 
man is  appointed  by  the  board. 

Who  administers  the  oath  of  office  to  the  board  of  inspectors  ? 
The  chairman  of  the  board. 
Who  administers  the  oath  to  the  chairman  ? 
_  _ : 


38  REVISED    STATUTES    OF    THE 


One  of  the  other  inspectors. 
How  many  clerks  are  appointed  ? 

Two  ;  called  clerks  of  the  polls. 
Who  administers  the  oath  to  the  clerks  ? 

The  chairman  of  the  board. 
What  is  then  done  ? 

The  poll  is  opened,  and  proclamation  thereof  made. 
When  only  shall  the  poll  be  kept  open  ? 

In  the  day  time  only,  between  the  rising  and  setting 
of  the  sun. 

VOTING   AND   CHALLENGING. 
How  shall  the  electors  vote  ? 

By  ballot. 

How  shall  the  ballot  be  folded  ? 

So  as  to  conceal  its  contents. 
To  whom  shall  it  be  presented  ? 

To  one  of  the  inspectors,  in  the  presence  of  the  board. 
What  shall  the  ballot  be  ? 

A  paper  ticket. 

What  shall  the  ballot  contain  ? 

The  offices,  and  the  name  of  the  person  intended  to  fill 
each  office. 

How  shall  the  ballot  be  endorsed  ? 
"  State,"  "  congress/5  "  county." 

If  the  person  offering  his  vote  be  challenged  as  unqualified  by  one 
of  the  inspectors,  or  by  any  other  person  entitled  to  vote  at  the  same 
poll,  what  is  the  duty  of  the  board  of  inspectors  ? 

To  declare  to  the  person  so  challenged  the  qualifica- 
tions of  an  elector. 

If  the  elector  then  state  that  he  is  duly  qualified,  and  the  challenge 
shall  not  be  withdrawn,  what  is  the  duty  of  the  inspectors  ? 

To  tender  to  him  the  following  oath : 


STATE    OF   NEW   YORK.  39 


"  You  do  swear  (or  affirm)  that  you  are  a  citizen  of 
the  United  States,  of  the  age  of  twenty-one  years,  that 
you  have  been  an  inhabitant  of  this  State  for  one  year 
next  preceding  this  election — and  for  the  last  six  months 
a  resident  of  this  county — that  you  are  now  a  resident  of 
this  town  (or  ward),  and  that  you  have  not  voted  at  this 
election." 

If  the  person  offering  his  vote  shall  refuse  to  take  the  oath  so  ten- 
dered, what  shall  be  done  ? 

His  vote  shall  be  rejected. 

If  any  person  shall  be  challenged  as  convicted  of  an  infamous  crime, 
and  shall  proceed  to  vote,  if  guilty  of  such  conviction,  what  is  the 
penalty  for  voting  ? 

Imprisonment  in  the  county  jail  for  six  months. 

If  a  colored  man  be  challenged,  what  oath  shall  be  tendered  to  him  ? 

"  You  do  swear  (or  affirm)  that  you  are  of  the  age  of 
twenty-one  years,  that  for  three  years  you  have  been  a 
citizen  of  this  State — that  you  have  been  an  inhabitant  of 
this  State  for  one  year  next  preceding  this  election,  and 
during  that  time  have  been,  and  that  you  now  are,  seized 
and  possessed  of  a  freehold  estate  of  the  value  of  two 
hundred  and  fifty  dollars,  over  and  above  all  debts  and  m- 
cumbrances  charged  thereon,  and  have  been  actually  rated, 
and  paid  a  tax  thereon — that  you  have  been  for  the  last 
six  months  a  resident  of  this  county — that  you  are  now  a 
resident  of  this  town  (or  ward),  and  that  you  have  not 
voted  at  this  election." 

BALLOT-BOXES. 

What  ballot-boxes  are  provided  by  the  inspectors  ? 
The  "  County  Box,"  in  which  are  deposited  the  votes 
for  county  officers — the  "  State  Box,"  in  which  are  depo- 


40  REVISED    STATUTES    OF    THE 


sited  the  votes  for  State  officers — the  "  Congress  Box," 
in  which  are  deposited  the  votes  for  members  of  Congress 
— the  "  Electoral  Box,"  in  which  are  deposited  the  votes 
for  electors  to  choose  a  President  and  Vice-President. 

What  shall  be  done  with  these  boxes  before  the  opening  of  the 
poll? 

They  shall  be  locked,  and  the  keys  delivered  to  one  of 
the  inspectors  appointed  by  the  board,  and  the  boxes  shall 
not  be  opened  during  the  election,  except  as  hereinafter 
provided. 

How  are  the  votes  inserted  ? 

Through  a  small  opening  made  in  the  lid  of  the  box. 

By  whom  ? 

By  one  of  the  inspectors  to  whom  the  vote  is  handed. 

Has  the  inspector  a  right  to  open  the  ballot,  or  allow  it  to  be 
opened  ? 

He  has  not. 

What  is  the  duty  of  the  clerks  of  the  poll  ? 

To  keep  a  poll  list,  which  shall  contain  one  column 
headed  "  Names  of  Voters,"  and  so  many  additional  col- 
umns as  there  are  boxes  kept  at  the  election. 

What  shall  be  the  heading  of  the  additional  columns? 

The  names  of  the  boxes  kept  at  the  election  ;  as 
"  County  Box,"  "  State  Box,"  &c. 

When  an  inspector  receives  a  vote,  he  announces  the  name  of  the 
voter,  and  also  the  name  of  each  box  in  which  votes  are  inserted ; 
what  is  then  the  duty  of  the  clerks  of  the  poll  ? 

To  enter  the  name  of  the  person  voting  on  the  poll  list, 
and  to  keep  an  account  of  every  vote  deposited  in  either 
of  the  ballot-boxes. 

What  is  to  be  done  at  each  adjournment  of  the  polls  ? 

The  clerks  are  to  compare  and  correct  their  respective 
poll  lists. 


STATE    OF    NEW   YORK.  41 


What  is  then  done  with  the  poll  lists  ? 

The  ballot-boxes  are  opened,  and  the  poll  lists  placed 
therein. 

|      What  is  done  with  the  boxes  ? 

They  are  locked,  and  the  seal  of  one  of  the  inspectors 
|  placed  so  as  to  secure  the  opening  in  the  lid. 

To  whom  are  the  boxes  and  keys  delivered  ? 

The  boxes  are  delivered  to  one  of  the  inspectors,  and 
the  keys  to  another,  as  the  board  may  direct. 

What  is  the  duty  of  the  inspector  holding  the  keys  ? 

To  keep  them  in  his  own  possession,  and  deliver  them 
again  to  the  board  at  the  next  opening  of  the  poll. 

What  is  the  duty  of  the  inspector  having  possession  of  the  boxes  ? 

To  keep  them  carefully  without  opening,  or  suffering 
them  to  be  opened,  or  the  seals  thereof  to  be  broken  or 
removed ;  and  publicly  to  deliver  them  to  the  board  of 
inspectors  at  the  next  opening  of  the  poll. 

What  shall  then  be  done  with  the  boxes  ? 

The  seal  shall  be  broken — the  boxes  opened — the  poll 
lists  taken  out — and  the  boxes  again  locked. 

If  any  person  shall  refuse  to  obey  the  lawful  commands  of  the  in- 
spectors, or  by  disorderly  conduct  in  their  presence  or  hearing,  shall 
interrupt  or  disturb  their  proceedings,  what  penalty  can  they  inflict 
on  the  offender  ? 

Commit  him  to  the  common  jail  of  the  county  for  a 
period  not  exceeding  thirty  days. 

How  is  this  done  ? 

By  an  order  in  writing,  which  order  shall  be  executed 
by  any  sheriff  or  constable  to  whom  the  same  shall  be 
directed. 

If  no  sheriff  or  constable  be  present,  by  whom  shall  such  order  be 
executed  ? 

By  any  other  person  appointed  by  such  board  in  writing. 


42  REVISED    STATUTES    OF    THE 


CANVASSING    THE    VOTES. 

When  the  poll  of  an  election  is  finally  closed,  what  shall  the  board 
proceed  to  do  ? 

To  canvass  the  votes. 

How  is  the  canvass  commenced  ? 
By  comparing  the  poll  lists  which  we're  kept  by  the 
clerks,  and  correcting  themvso  as  to  make  them  agree. 

When  the  ballot-boxes  are  opened,  what  shall  be  done  with  the 
ballots  contained  therein  ? 

They  shall  be  taken  out  and  counted,  unopened  except 
so  far  as  to  ascertain  that  each  ballot  is  single. 

If  two  ballots  are  so  folded  together  as  to  present  the  appearance 
of  a  single  ballot,  what  shall  be  done  with  them  ? 

They  shall  be  destroyed. 

If  a  ballot  be  found  in  the  box  different  from  that  designated  by 
its  endorsement,  what  shall  be  done  with  it  ? 

It  shall  be  returned  to  the  box  designated  by  its  en- 
dorsement. 

If  the  number  of  ballots  is  found  to  be  greater  than  the  number  on 
the  poll  list,  what  shall  be  done  ? 

They  shall  be  replaced  in  the  box,  and  one  of  the  in- 
spectors shall  publicly  draw  out  and  destroy  so  many  bal- 
lots unopened  as  shall  be  equal  to  such  excess. 

When  the  number  of  ballots  is  made  to  agree  with  the  number  on 
the  poll  list,  what  do  the  inspectors  then  proceed  to  do  ? 

To  open,  separate,  and  count  the  ballots. 

When  the  canvass  is  completed,  what  is  next  to  be  done  ? 

A  statement  of  the  result  shall  be  drawn  up  by  the  in- 
spectors, which  they  shall  certify  to  be  correct,  and  sub- 
scribe with  their  proper  names. 

What  shall  such  statement  contain  in  words  written  at  full  length  ? 

The  number  of  votes  for  each  office. 

The  names  of  the  persons  for  whom  such  were  given. 

The  number  of  votes  given  for  each  person. 


STATE    OF   NEW  YORK.  43 


What  shall  be  done  ^ith  this  statement  ? 

It  shall  be  delivered  to  one  of  the  inspectors,  appointed 
by  the  board  to  attend  the  county  canvass. 

Where  shall  a  copy  of  this  statement  be  sent  ? 
To  the  town  clerk,  to  be  filed  and  preserved. 

What  shall  be  done  with  the  ballots  rejected  as  defective  ? 
A  true  copy  of  them  shall  be  preserved  with  the  ori- 
ginals attached,  and  delivered  to  the  town  clerk  to  be 
filed  in  his  office. 

What  shall  be  done  with  the  poll  lists  and  the  ballots  which  have 
been  counted  ? 

They  shall  be  destroyed,  and  the  board  of  inspectors 
shall  be  dissolved. 

COUNTY    CANVASSERS. 

Who  form  the  board  of  county  canvassers  ? 
One  inspector  from  each  town  or  ward  in  the  county, 
appointed  by  the  board  to  attend  the  county  canvass. 
Where  shall  they  meet  ? 

At  the  office  of  the  clerk  of  the  county. 
When  shall  they  meet  ? 

On  the  Tuesday  next  following  the  election,  before  9 
o'clock  in  the  afternoon  of  that  day. 

What  is  the  first  thing  to  be  done  when  the  county  canvassers  have 
assembled  ? 

To  organize  by  choosing  one  of  their  number  as  chair- 
man. 

Who  shall  be  secretary  of  the  board  ? 
The  county  clerk  or  his  deputy. 

Who  administers  the  constitutional  oath  to  each  member  of  the 
board  ? 

The  chairman. 

Who  administers  the  oath  to  the  chairman  ? 
The  secretary. 


44  REVISED    STATUTES    OF    THE 


How  many  of  the  inspectors  appointed  in  the  respective  towns  or 
wards  to  attend  the  canvass,  shall  be  required'  to  constitute  a  board  ? 

A  majority. 

What  is  the  first  business  that  comes  before  the  board  ? 
To  make  out  a  statement  of  the  votes  of  the  county 
from  the  statements  of  the  several  towns  or  wards. 

What  shall  such  statement  contain  in  words  written  at  full  length  ? 
The  whole  number  of  votes  for  each  office — the  names 
of  the  persons  for  whom  such    votes  were   given — the 
number  of  votes  for  each  person. 

By  whom  shall  this  statement  be  certified  as  correct,  and  signed  ? 
By  the  chairman  and  secretary  of  the  board. 
What  shall  be  done  with  a  copy  of  this  statement  ? 
It  shall  be  delivered  to  the  county  clerk,  to  be  recorded 
in  his  office. 

When  the  board  shall  have  determined  who  are  elected  in  the 
county,  what  is  their  duty  ? 

To  cause  a  copy  of  every  such  determination  to  be  pub- 
lished in  one  or  more  of  the  newspapers  published  in  the 
county. 

What  is  the  duty  of  the  county  clerk  when  he  receives  statements 
and  certificates  from  the  board  of  county  canvassers  ? 

To  record  them  in  his  office. 

How  many  copies  of  the  statement  and  certificate  of  the  votes  for 
the  office  of  Governor,  Lieutenant  Governor,  Senators  and  Repre- 
sentatives, shall  the  county  clerk  prepare  ? 

Three  certified  copies  under  his  signature,  and  sealed 
with  the  seal  of  his  office. 

To  whom  shall  he  send  these  copies  ? 

One  to  the  Governor — one  to  the  comptroller — one  to 
the  secretary  of  state. 

When  shall  these  copies  be  sent  ? 

Before  the  third  Monday  in  November,  in  each  year. 


STATE    OF   NEW   YORK.  45 

after  a  general  election,  and  within  ten  days  after  a  spe- 
cial election. 

When  the  board  of  county  canvassers  have  declared  what  persons 
are  elected  to  fill  county  offices,  what  is  the  duty  of  the  county  clerk  ? 

To  prepare  certified  copies  of  each  certificate  and 
declaration,  and  without  delay  deliver  one  of  such  copies 
to  each  person  so  elected. 

What  must  the  county  clerk  transmit  to  the  secretary  of  state 
within  thirty  days  after  a  general  election, 

A  list  of  the  names  of  the  persons  elected  in  the  county 
as  members  of  Assembly,  and  also  of  the  sheriff,  clerk, 
and  coroners. 

What  is  the  duty  of  the  secretary  of  state  when  he  receives  from 
the  county  clerk  certified  statements  of  the  result  of  an  election  ? 

To  record  such  statement  in  his  office,  in  a  book  kept 
for  that  purpose. 

STATE    CANVASSERS. 

Who  appoints  the  meeting  of  the  State  canvassers  ? 

The  secretary  of  state. 
Where  is  the  meeting  to  be  appointed  ? 

At  the  secretary's  office. 
When  shall  such  meeting  be  appointed  ? 

On  or  before  the  fifteenth  day  of  December,  after  each 
general  election,  and  within  forty  days  after  a  special 
election. 

Who  compose  the  board  of  State  canvassers  ? 

The  secretary  of  state,  comptroller,  surveyor  general, 
attorney  general,  and  treasurer. 

How  many  shall  be  sufficient  to  form  a  board  ? 

Three. 

What  is  the  duty  of  the  board  when  organized  ? 


46  REVISED    STATUTES    OF    THE 


To  make  a  statement  of  the  whole  number  of  votes  in 
the  State  for  each  State  office,  or  United  States  office — <. 
the  names  of  the  persons  to  whom  such  votes  shall  have 
been  given — the  number  of  votes  for  each  person. 

What  do  they  then  proceed  to  determine  and  declare  ? 

What  persons  have  been  duly  elected  to  such  offices. 

What  shall  the  board  deliver  to  the  secretary  of  state  ? 

A  certificate  of  such  determination. 

If  one  of  the  canvassers  shall  dissent  from  the  decision  of  the  board 
what  is  the  duty  of  the  one  dissenting  ? 

To  state  at  large,  in  writing,  the  reason  of  such  dissent. 

If  any  of  the  proceedings  of  the  board  shall  appear  to  any  one  of 
I  the  canvassers  to  be  illegal  or  irregular,  what  is  the  duty  of  such  can- 
vasser ? 

To  protest  against  the  same  in  writing,  setting  forth 
distinctly  the  grounds  of  his  protest. 

To  whom  shall  the  canvasser  deliver  his  dissent  or  protest,  signed 
|  with  his  proper  name  ? 

To  the  secretary  of  state. 

What  shall  the  secretary  of  state  do  with  such  certified  statement 
and  determination  that  shall  be  delivered  to  him  ? 

He  shall  record  them  in  his  office. 

What  shall  he  do  with  every  dissent  or  protest  that  shall  be  de- 
livered to  him  ? 

He  shall  record  those  also. 

What  is  the  duty  of  the  secretary  of  state  to  each  person  elected  ? 

To  give  him  notice  of  his  election. 

What  is  his  duty  to  the  public  ? 

To  publish  a  copy  of  the  certified  statements  and  de- 
terminations in  the  State  paper,  and  in  one  or  more  of  the 
public  newspapers. 

Where  shall  the  names  of  all  the  justices  of  the  peace  elected  in 
this  State,  and  the  names  of  all  the  sheriffs,  coroners,  and  clerks  of 
counties,  be  entered  ? 

In  the  office  of  the  secretary  of  state. 


STATE    OF    NEW   YORK.  47 


How  often  are  members  of  Congress  chosen  from  the  several  Con- 
gress Districts  ? 

Once  in  two  years. 
If  a  representative  in  Congress  resigns,  to  whom  does  he  tender  his 
resignation  ? 

To  the  secretary  of  state. 

If  a  representative  in  Congress  dies,  who  shall  give  notice  to  the 
secretary  of  state  ? 

The  clerk  of  the  county  where  the  representative  resided 
at  the  time  of  his  election. 

ELECTORS     TO     CHOOSE     A     PRESIDENT     AND    VICE-PRESIDENT. 

How  many  electors  are  chosen  in  this  State  ? 
A  number  equal  to  the  number  of  members  of  Congress 
from  this  State. 

When  chosen  ? 

At  the  general  election  in  November. 
How  chosen  ? 
By  general  ticket. 

Who  shall  be  declared  and  deemed  duly  appointed  electors  ? 

The  several  persons  having  the  highest  number  of 
votes. 

What  is  the  process  of  voting  ? 

Nearly  the  same  as  in  the  choice  of  State  officers. 

When  the  board  of  State  canvassers  have  determined  who  are  duly 
appointed  electors,  what  is  the  duty  of  the  secretary  of  state  ? 

To  cause  a  copy  of  the  certified  determination  to  be 
delivered  to  each  of  the  persons  therein  declared  to  be 
elected. 

ELECTORAL    COLLEGE. 
Where  do  the  electors  meet  ? 

At  the  capitol. 


48  REVISED   STATUTES   OF   THE 


What  are  the  officers  of  the  college  ? 

A  president  and  secretary,  chosen  from  their  own  body. 

What  shall  the  secretary  of  state  deliver  to  the  president  of  the 
college  of  electors  ? 

Three  lists  of  the  names  of  the  electors,  signed  by  the 
Governor,  and  sealed  with  the  seal  of  the  State. 

How  do  the  electors  vote  for  President  and  Vice-President  ? 

By  ballot. 

Can  the  President  and  Vice-President  be  of  the  same  State  ? 

They  cannot. 

Of  what  must  they  make  distinct  lists  ? 

Of  all  persons  voted  for  as  President,  and  of  all  persons 
voted  for  as  Vice-President,  and  the  number  of  votes  for 
each. 
What  must  be  done  with  this  list  ? 

Signed,  certified,  and  delivered  to  a  messenger,  appoint- 
ed to  deliver  the  same  to  the  President  of  the  Senate,  at 
the  seat  of  government  of  the  United  States. 

What  is  the  compensation  of  the  electors  ? 

The  same  as  the  members  of  the  Legislature  have  for 
travelling  the  same  distance  and  attending  the  same  length 
of  time. 


ELECTION  OF  SENATORS  IN  CONGRESS. 

When  are  Senators  to  Congress  to  be  elected  ? 
On  the  first  Tuesday  of  February  next  before  the  ex- 
piration of  the  time  for  which  any  Senator  was  elected  ? 

If  a  vacancy  happen  by  death  or  otherwise,  how  soon  shall  the 
vacancy  be  filled  ? 

Within  ten  days  after  the  Legislature  receives  notice  of 
the  vacancy. 

How  shall  the  choice  of  Senators  to  Congress  be  made  ? 


STATE  OF  NEW  YORK.  49 


By  the  Legislature,  in  the  following  manner :  the  Sen- 
ate and  Assembly  shall  each  openly  nominate  one  person 
for  the  office  of  Senator  in  Congress ;  after  which  they 
shall  immediately  meet,  and  if  they  shall  agree  in  then* 
nomination,  the  person  so  nominated  shall  be  appointed 
to  the  office  for  which  he  shall  be  nominated :  if  they 
shall  disagree,  the  election  shall  be  made  by  the  joint 
ballot  of  the  Senators  and  members  of  Assembly. 

What  shall  be  delivered  to  the  person  so  chosen  ? 

Copies  of  the  resolution  of  the  Senate  and  Assembly  tes- 
tifying such  choice. 
.  By  whom  signed  ? 

By  the  President  of  the  Senate  and  Speaker  of  the 
Assembly. 

PENALTIES    FOR    MISCONDUCT.  AT   ELECTIONS. 

If  an  elector  challenged  as  unqualified  to  vote  shall  take  a  false 
oath,  of  what  shall  he  be  adjudged  guilty  ? 

Of  wilful  and  corrupt  perjury. 

If  he  procure  another  to  take  a  false  oath,  of  what  shall  he  be 
deemed  guilty  ? 

Of  subornation  of  perjury. 
What  punishment  shall  he  suffer  ? 

The  punishment  directed  by  law  in  cases  of  wilful  and 
corrupt  perjury. 

If  an  officer  is  guilty  of  wilful  neglect  or  corrupt  conduct  in  per- 
forming his  duty  at  an  election,  what  penalty  can  be  inflicted  ? 

A  fine  not  exceeding  the  sum  of  five  hundred  dollars, 
and  imprisonment  not  exceeding  the  term  of  one  year. 

If  any  person  shall  by  bribery,  menace,  or  other  corrupt  means  or 
device,  either  directly  or  indirectly,  attempt  to  influence  any  elector 
of  this  State  in  giving  his  vote  or  ballot,  or  to  deter  him  from  giving 
the  same,  or  disturb  or  hinder  him  in  the  free  exercise  of  the  right  of 


50  REVISED   STATUTES   OF   THE 


suffrage  at  any  election  in  this  State,  held  pursuant  to  this  chapter, 
and  shall  thereof  be  convicted,  of  what  shall  such  person  so  offending 
and  convicted  be  adjudged  guilty  ? 

A  misdemeanor. 

What  shall  be  the  extent  of  his  punishment  ? 
A  fine  not  exceeding  five  hundred  dollars,  and  im- 
prisonment not  exceeding  one  year. 

If  any  officer  shall  call  out  the  militia  within  five  days  previous  to 
an  election,  except  in  cases  of  invasion  or  insurrection,  what  shall  he 
forfeit  ? 

The  sum  of  five  hundred  dollars  for  each  offence. 

What  are  the  only  purposes  for  which  money  can  be  lawfully  con- 
tributed to  promote  the  election  of  any  particular  person  or  ticket  ? 

For  defraying  the  expenses  of  printing,  and  the  circula- 
tion of  votes,  handbills,  and  other  papers  previous  to  any 
election. 

If  any  person  shall  furnish  money  for  any  other  purpose,  what  is 
the  greatest  penalty  ? 

He  is  guilty  of  a  misdemeanor,  and  punishable  by  fine 
not  exceeding  two  hundred  and  fifty  dollars,  or  by  im- 
prisonment not  exceeding  six  months. 

If  a  person  shall  fraudulently  or  deceitfully  change  a  vote  of  any 
elector,  by  which  such  elector  shall  be  prevented  from  voting  for 
such  candidate  as  he  intended,  what  is  the  greatest  penalty  ? 

A  fine  riot  exceeding  two  hundred  and  fifty  dollars,  or 
imprisonment  not  exceeding  six  months. 


CHAPTER  VII. 

Of  what  does  Chapter  Seventh  treat  ? 
Of  the  Legislature. 

Can  any  officer,  while  in  actual  attendance  upon  the  house,  be 
arrested  ? 

He  cannot,  on  civil  process. 


STATE    OF   NEW   YORK.  51 


Can  any  member  of  the  Legislature  be  arrested  on  civil  process 
during  his  attendance  at  the  session  of  the  house  to  which  he  shall 
belong  ? 

He  cannot,  except  for  forfeiture,  misdemeanor,  or 
breach  of  trust  in  any  office  or  place  of  public  trust  held 
by  him. 

How  long  before  and  after  the  session  does  a  member  enjoy  the 
like  privilege  ? 

Fourteen  days. 

Is  he  entitled  to  the  same  privilege  while  absent  with  leave  of  the 
house  to  which  he  belongs  ? 

He  is. 

What  is  declared  with  respect  to  any  speech  or  debate  in  either 
house  of  the  Legislature  ? 

The  members  shall  not  be  questioned  in  any  other 
place  for  such  speech  or  debate. 

What  power  has  each  house  over  its  own  members  and  officers  ? 
To  expel  them  for  disorderly  conduct,  or  imprison  them. 
How  long  can  such  imprisonment  extend  ? 
Only  during  the  then  existing  session  of  the  Legislature. 

When  a  bill  becomes  a  law,  where  shall  it  be  deposited  ? 

In  the  office  of  the  secretary  of  state. 
When  does  a  law  take  effect,  if  no  time  be  specified  ? 

On  the  twentieth  day  after  its  final  passage. 

To  whom  shall  the  secretary  of  state  deliver  a  certified  copy  of 
each  law  ? 

To  the  State  printer,  to  be  published  by  him. 

What  is  the  compensation  of  the  members  of  the  Legislature  ? 
Three  dollars  for  each  day's  attendance,  and  three  dol- 
lars for  every  twenty  miles  going  to  and  returning  from 
the  capitol,  by  the  usual  route. 

If  a  member  of  either  house  is  prevented  from  attending  by  sick- 
ness, what  compensation  does  he  receive  ? 

The  same  as  if  in  actual  attendance. 
What  is  the  salary  of  the  clerk  of  the  Senate  ? 


52  REVISED   STATUTES   OF   THE 


Twelve  hundred  dollars. 
What  is  the  salary  of  the  clerk  of  the  Assembly  ? 
Sixteen  hundred  dollars. 

What  is  the  pay  of  the  sergeant-at-arms  and  door-keeper  of  each 
house,  and  the  assistant  door-keeper  of  the  Assembly  ? 

-  Three  dollars  per  day. 

How  are  the  contingent  expenses  of  the  two  houses  paid  ? 
From  the  State  Treasury. 


CHAPTER    VIII. 

Of  what  does  Chapter  Eighth  treat  ? 
Of  the  duties  of  the  Executive  officers  of  the  State. 
Who  has  the  custody  of  the  great  and  privy  seals  of  the  State  ? 
The  Governor. 

When  the  Lieutenant  Governor  acts  as  president  of  the  Senate,  does 
he  vote  ? 

He  has  only  a  casting  vote. 

If  a  crime  is  committed  without  the  jurisdiction  of  the  United  States, 
and  the  criminal  is  found  within  this  State,  can  the  Governor  deliver 
him  over  to  justice  ? 

He  can,  for  any  crime  except  treason. 

When  only  can  such  delivery  be  made  ? 
On  the  requisition  of  the  duly  authorized  minister  or 
j  officer  of  the  government  within  the  jurisdiction  of  which 
the  crime  shall  be  charged  to  have  been  committed. 

To  whom  shall  the  Governor  transmit,  free  of  expense,  three  copies 
I  of  the  laws  of  each  session  of  the  Legislature  of  this  State  ? 

To  the  executive  of  each  State  in  the  Union. 

What  shall  he  also  request  ? 

A  similar  communication  of  the  laws  of  the  several 
States. 

Who  has  charge  of  the  books  and  papers  belonging  to  the  State  ? 
The  Secretary  of  State. 


STATE    OF   NEW  YORK.  53 


Who  superintends  the  fiscal  concerns  of  the  State  ? 

The  Comptroller. 

Who  receives  all  moneys  which  from  time  to  time  are  paid  into  the 
treasury  ? 

The  Treasurer. 
When  only  shall  moneys  be  paid  out  by  the  Treasurer  ? 

Only  on  warrant  of  the  Comptroller. 

Who  defends  and  prosecutes  all  suits  in  which  the  State  is  inter- 
ested ? 

The  Attorney  General. 

Who  superintends  surveys  and  sales  of  lands  belonging  to  this 
State  ? 

The  Surveyor  General. 
Who  attends  to  the  printing  of  the  State  ? 

The  State  Printer. 


CHAPTER    IX. 

Of  what  does  this  Chapter  treat  ? 
Of  the  funds,  revenue,  expenditures  and  property  of  the 
State. 

From  what  are  the  salaries  of  the  officers  of  government  paid  ? 

From  the  general  fund. 
What  does  the  Governor  receive  from  the  general  fund  ? 

Four  thousand  dollars. 
What  does  the  Secretary  of  State  receive  ? 

One  thousand  five  hundred  dollars. 
What  does  the  Comptroller  receive  ? 

Twenty-five  hundred  dollars. 
What  does  the  Treasurer  receive  ? 

One  thousand  five  hundred  dollars. 
The  Attorney  General  ? 

One  thousand  dollars. 
The  Surveyor  General  ? 


54  REVISED    STATUTES    OF    THE 


Eight  hundred  dollars. 

The  Chancellor  and  each  of  the  Justices  of  the  Supreme  Court  ? 

Twenty-five  hundred  dollars. 

The  Vice-Chancellor  of  the  first  circuit  ? 

Two  thousand  dollars. 

Each  of  the  Circuit  Judges  ? 

Sixteen  hundred  dollars. 

What  is  the  salary  of  the  Lieutenant  Governor  ? 

Double  that  of  a  Senator. 

What  other  funds  in  this  State,  besides  the  general  fund  ? 

The  Canal  fund— the  Literary  fund — the  Common 
School  fund. 

Who  are  the  Trustees  of  the  Capitol  at  Albany  ? 

The  Governor,  Lieutenant  Governor,  Speaker  of  the 
Assembly,  Secretary  of  State,  Attorney  General,  and 
Comptroller. 

Who  are  the  Trustees  of  the  "  State  Hall  ?" 

The  Trustees  of  the  Capitol  and  the  Surveyor  General. 

In  whose  custody  and  care  are  the  several  arsenals  and  magazines 
belonging  to  this  State,  and  the  lands  and  buildings  connected  there- 
with ? 

The  Commissary  General. 

What  is  the  annual  appropriation  to  the  State  Library  ? 
One  thousand  dollars. 

Who  only  can  take  books,  papers,  or  maps,  for  any  purpose  from 
the  State  Library  ? 

Members  of  the  Legislature. 

What  are  the  names  of  the  canals  belonging  to  this  State  ? 
"  Erie  Canal,"  "  Champlain  Canal,"  "  Cayuga  and 
Seneca  Canal,"  "  Oswego  Canal,"  "  Crooked  Lake  Ca- 
nal," "  Chemung  Canal,"  "  Chenango  Canal." 

The  general  care  and  superintendence  of  the  Canals  is  where  vested  ? 
In  a  board  of  Canal  Commissioners. 


STATE    OF    NEW   YORK.  55 

At  what  rate  only,  (without  a  permission  in  writing  signed  by  a 
majority  of  the  Canal  Commissioners),  can  a  float  move  on  any  canal  ? 

Not  faster  than  four  miles  per  hour. 

When  a  boat  used  principally  for  passengers  overtakes  one  used 
principally  for  freight,  what  is  the  duty  of  the  master  of  the  freight 
boat? 

To  grant  every  possible  facility  to  the  other  boat  to 
pass,  and  to  stop  if  it  be  necessary  until  the  other  boat 
has  passed. 

When  two  boats  meet,  what  is  the  duty  of  each  commander  ? 

To  turn  his  boat  to  the  right  hand,  so  as  to  be  wholly 
on  the  right  side  of  the  centre  of  the  canal. 

Can  the  Legislature  of  this  State  ever  sell  or  dispose  of  the  Salt 
Springs  belonging  to  this  State  ? 

They  cannot,  nor  any  part  of  them. 

What  tax  or  duty  shall  be  collected  on  every  bushel  of  salt  manu- 
factured in  this  State  ? 

Six  cents. 

To  whom  do  all  gold  and  silver  mines  already  discovered,  or  here- 
after to  be  discovered,  belong  ? 

To  the  people  of  this  State,  in  their  right  of  sovereignty. 

To  whom  do  all  mines  whatever,  upon  lands  belonging  to  persons 
not  citizens  of  the  United  States,  belong  ? 

To  the  people  of  this  State. 

To  whom  do  all  mines  upon  lands  owned  by  a  citizen  of  the  United 
States,  the  ore  of  which  upon  an  average  shall  contain  less  than  two 
equal  third  parts  in  value,  of  copper,  tin,  iron  and  lead>  or  any  of  these 
metals,  belong  ? 

To  the  people  of  this  State,  in  their  right  of  sovereignty. 
What  is  the  bounty  for  discovering  a  gold  or  silver  mine  ? 
The  profits  of  such  mine  for  twenty-one  years. 

CHAPTER    X. 

Of  what  does  Chapter  Tenth  treat  ? 

Of  the  militia  and  the  public  defence. 


56  REVISED    STATUTES    OF    THE 


Who  are  subject  to  military  duty  ? 

All  able-bodied  free  white  male  citizens,  between  the 
ages  of  eighteen  and  forty-five  years,  not  exempt  by  law. 
Who  are  exempt  by  law  ? 

1.  The  Lieutenant  Governor. 

2.  Members  and  officers  of  the  Legislature. 

3.  Secretary  of  State,  Attorney  General,  Comptroller, 
Treasurer,  and  Surveyor  General,  and  the  deputies  and 
clerks  of  their  respective  offices. 

4.  Judges  of  courts,  clerks  and  sheriffs. 

5.  Ministers,  and  teachers  of  colleges,  academies,  and 
common  schools. 

6.  Officers  in  the  army  of  the  United  States. 

7.  Officers  who  have  served  four  years. 

After  how  many  years  service  are  uniform  companies  exempt  from 
military  duty  except  in  cases  of  insurrection  or  invasion  ? 

Fifteen  years. 

Are  seamen  and  firemen  compelled  to  do  military  duty  ? 

They  are  not,  except  in  cases  of  invasion  or  insurrec- 
tion. 

How  are  all  major-generals,  brigade-inspectors,  and  chiefs  of  the 
staff-department,  except  the  adjutant  general  and  the  commissary 
general,  appointed  ? 

They  are  nominated  by  the  Governor,  and  appointed 
by  him  with  the  consent  of  the  Senate. 
By  whom  is  the  adjutant  general  appointed  ? 

By  the  Governor. 
Whom  does  the  commander-in-chief  appoint  ? 

His  own  aids  and  military  secretary. 
The  commissary  general  is  how  appointed  ? 

By  the  Legislature,  and  holds  his  office  three  years. 

What  part  of  the  votes  is  necessary  to  a  choice  of  brigadier  general  ? 

A  majority. 


STATE    OF   NEW   YORK.  57 

What  part  in  the  choice  of  all  other  militia  officers  ? 

A  plurality. 

What  is  the  duty  of  the  commanding  officer  of  each  company  of 
infantry  ? 

To  enrol  all  persons  within  the  limits  of  his  company 
I  who  may  be  subject  to  military  duty. 

How  soon  after  notice  of  enrolment  shall  every  person  be  armed 
and  equipped  according  to  law  ? 

Six  months. 

Persons  claiming  to  be  exempted  from  enrolment  by  reason  of  in- 
ability to  bears  arms  must  produce  what  ? 

The  certificate  of  a  surgeon  or  surgeon's  mate,  as  evi- 
dence of  such  inability. 

What  is  the  duty  of  tavern-keepers',  keepers  of  boarding-houses, 
and  house-keepers  ? 

To  give  to  the  commanding  officer,  when  requested,  a 
true  account  of  all  persons  lodging  or  boarding  with  them, 
to  the  end  that  such  persons  as  are  liable  to  do  military 
duty  may  be  enrolled  according  to  law. 

If  any  person  of  whom  such  account  is  demanded  shall  refuse  to 
give  such  account  and  names,  or  shall  wilfully  give  a  false  account, 
what  shall  he  forfeit  ? 

Ten  dollars  for  every  name  that  may  be  refused,  omit- 
ted, concealed,  or  falsely  stated. 

How  many  musicians  may  each  commandant  enrol  ? 

Not  more  than  five. 

If  a  musician  wish  to  join  another  company,  what  must  he  obtain  ? 

The  written  consent  of  the  commanding  officer  of  the 
company  to  which  he  belongs. 

When  forty  persons  subject  to  military  duty  shall  associate  together 
for  the  purpose  of  forming  a  troop  of  cavalry,  or  a  company  of  rifle- 
men, grenadiers,  light  infantry,  artillery,  or  light  artillery,  to  whom 
shall  they  apply  to  be  organized  ? 

To  the  commander-in-chief,  with  the  consent  of  the 
commanding  officer  of  their  brigade. 


58  REVISED   STATUTES    OF   THE 


Can  any  person  under  twenty-one  years  of  age  join  a  troop  or  uni- 
form company  ? 

He  cannot,  without  the  consent  in  writing  of  his  parent 
or  guardian,  master  or  mistress. 

The  commander-in-chief  has  how  many  aids  ? 

Three  with  the  rank  of  colonel,  and  a  military  secretary 
with  the  rank  of  major. 


CHAPTER    XI. 

Of  what  does  Chapter  Eleventh  treat  ? 
Of  the  powers,  duties,  and  privileges  of  towns. 

Each  town,  as  a  body  corporate,  has  capacity  for  what  ? 

To  sue  and  be  sued,  to  purchase  and  hold  lands  within 
its  own  limits,  to  make  contracts,  &c. 

When  and  where  are  annual  town  meetings  to  be  held  ? 

At  the  time  prescribed  by  law,  and  at  such  place  as 
the  electors  shall  from  time  to  time  appoint. 

What  town  officers  are  to  be  chosen  at  the  annual  town  meeting  ? 

The  supervisor;  the  town  clerk;  from  three  to  five 
assessors ;  one  collector ;  two  overseers  of  the  poor ;  three 
commissioners  of  highways  ;  three  commissioners  and 
three  inspectors  of  common  schools ;  not  more  than  five 
constables ;  one  town  sealer  of  weights  and  measures ; 
overseers  of  highways  and  pound  masters;  justices  of 
the  peace.  * 

What  power  shall  the  electors  of  each  town  have  at  their  annual 
meeting  ? 

To  choose  then*  town  officers  ;  to  raise  money  by  tax ; 
to  direct  suits  at  law  and  in  equity ;  to  establish  and 
maintain  pounds ;  to  impose  penalties  on  persons  offend- 
ing against  the  regulations  of  such  town ;  to  apply  such 


STATE    OF   NEW  YORK.  59 


penalties,  when  collected,  as  they  shall  think  proper ;  and 
to  determine  the  time  and  manner  in  which  cattle,  horses, 
and  sheep,  shall  be  permitted  to  go  at  large  in  the  high- 
ways. 

Is  it  necessary  that  notice  of  the  annual  meeting  be  given  ? 

It  is  not. 

For  what  purpose  are  special  town  meetings  held  ? 

Generally  to  fill  vacancies. 

Who  shall  give  notice  of  special  town  meetings  ? 
,     The  town  clerk. 

How  shall  such  notice  be  given  ? 

By  causing  a  notice  to  be  posted  in  four  or  more  of  the 
most  public  places  in  town. 

When  must  this  notice  be  given  ? 

At  least  eight  days  before  the  meeting. 

What  shall  such  notice  specify  ? 

The  place  and  purposes  of  the  meeting. 

MODE    OF    CONDUCTING    TOWN    MEETINGS. 

Who  presides  at  town  meetings  ? 
The  justices  of  the  peace. 

If  there  be  no  justice  of  the  peace  present,  who  shall  preside  ? 
Such  person  as  shall  be  chosen  for  that  purpose  by  the 
I  electors  present. 

What  authority  to  preserve  order  and  to  enforce  obedience  shall  the 
officer  so  presiding  have  ? 

The  same  as  is  possessed  by  the  board  of  inspectors  at 
a  general  election. 
Who  shall  be  clerk  of  the  meeting  ? 
The  town  clerk. 
Who  if  the  town  clerk  be  absent  ? 

Such  person  as  may  be  chosen  by  the  electors  present. 


60  REVISED    STATUTES    OF   THE 


When  shall  the  town  meeting  be  kept  open  ? 

In  the  day  time  only,  between  the  rising  and  the  setting 
sun. 

How  long  may  they  be  held  ? 

For  two  days,  and  no  longer. 
How  shall  questions  be  determined  ? 

By  a  majority  of  the  electors  voting. 

Who  shall  ascertain  and  declare  the  result  of  the  votes  upon  each 
question  ? 

The  presiding  officer.  * 

Can  an  elector  be  challenged  as  unqualified  to  vote  at  town  meet- 
ings ? 

He  can,  and  the  presiding  officer  administers  the  same 
oath  as  the  inspectors  administer  at  a  State  election. 

Can  an  elector  be  challenged  at  the  same  meeting,  after  he  has 
taken  the  prescribed  oath  ? 

He  cannot. 
Where  shall  the  minutes  of  the  meeting  be  filed  ? 

In  the  office  of  the  town  clerk. 
How  soon  ? 

Within  two  days  after  the  meeting. 

OF   THE    ELECTION   OF   TOWN   OFFICERS. 

What  shall  be  done  before  the  electors  proceed  to  elect  any  town 
officer  ? 

Proclamation  shall  be  made  of  the  opening  of  the 

polls. 

How  are  the  supervisor,  town  clerk,  assessors,  collector,  overseers 
of  the  poor,  commissioners  of  highways,  commissioners  and  inspectors 
of  common  schools,  and  constables,  chosen  ? 

.    By  ballot 

How  are  the  other  town  officers  chosen  ? 
Either  by  ballot,  by  ayes  and  noes,  or  by  the  rising  or 
dividing  of  the  electors,  as  the  meeting  may  determine. 


STATE    OF   NEW   YORK.  61 

When  the  electors  vote  by  ballot  what  shall  the  ballot  contain  ? 

The  names  of  all  the  officers  voted  for,  and  the  office 
each  is  intended  to  fill. 
To  whom  shall  the  ballot  be  given  ? 

To  the  presiding  officer. 
How  shall  it  be  folded  ? 

So  as  to  conceal  its  contents. 
When  an  election  is  by  ballot,  what  shall  be  kept  by  the  clerk  ? 

A  poll -list. 
What  shall  be  entered  on  the  list  ? 

The  names  of  all  the  persons  whose  votes  shall  be  re- 
ceived. 

Who  shall  receive  and  deposit  the  ballot  in  the  box  ? 

The  presiding  officer. 
When  an  election  is  closed  who  shall  canvass  the  votes  ? 

The  presiding  officer. 
How  must  the  votes  be  canvassed  ? 

Publicly  at  the  place  where  the  meeting  is  held. 

When  shall  the  votes  be  canvassed  ? 

On  the  same  or  on  the  next  day  after  the  election. 
How  shall  the  result  be  made  known  ? 

It  shall  be  read  publicly  by  the  clerk  to  the  persons 
thus  assembled. 

How  are  justices  of  the  peace  elected  ? 

By  ballot. 
What  is  the  duty  of  the  town  clerk  when  justices  are  chosen  ? 

To  transmit  to  the  clerk  of  the  county  a  certificate  of 
the  result  of  such  election. 

When  shall  the  officers  enter  upon  the  duties  of  their  office  ? 

On  the  first  day  of  January. 


6 


62  REVISED    STATUTES    OF    THE 


QUALIFICATIONS    OF    TOWN   OFFICERS. 

How  old  must  a  person  be  to  be  eligible  to  any  town  office  ? 
Twenty-one  years  of  age,  and  an  elector  of  the  town 
for  which  he  is  chosen. 

What  shall  he  be  required  to  do  before  entering  on  the  duties  of 
his  office  ? 

To  take  and  subscribe  the  oath  of  office. 

How  soon  ? 

Within  ten  days  after  he  shall  have  been  notified  of 
his  election. 

Before  whom  shall  this  oath  be  taken  ? 

Before  a  justice  of  the  peace  or  a  commissioner  of 
deeds. 

How  soon  shall  he  cause  a  certificate  to  be  filed  in  the  office  of  the 
town  clerk  ? 

Within  eight  days. 

If  the  person  elected  neglect  to  take  and  subscribe  such  oath  and 
to  have  his  certificate  filed,  what  shall  such  neglect  be  deemed  ? 

A  refusal  to  serve. 

To  what  amount  must  a  collector  give  bonds  for  the  fafthful  dis- 
charge of  his  duty  ? 

To  double  the  amount  of  the  taxes  to  be  collected. 
To  whom  shall  this  bond  be  delivered  ? 

To  the  supervisor. 
How  shall  the  supervisor  file  such  bond  ? 

In  the  office  of  the  county  clerk. 

How  soon  ? 
Within  six  days. 

What  must  a  constable  do  within  eight  days  after  receiving  notice 
of  his  election  ? 

Take  the  oath  of  office,  and  give  security  for  all  such 
sums  of  money  as  he  may  become  liable  to  pay  on  account 
of  any  execution  delivered  to  him  for  collection. 


STATE  OF  NEW  YORK.  63 

If  any  person  chosen  or  elected  to  the  office  of  supervisor,  town 
clerk,  assessor,  commissioner  of  highways,  or  overseer  of  the  poor, 
shall  refuse  to  serve,  what  sum  shall  he  forfeit  to  the  town  ? 

Fifty  dollars. 

If  any  person  chosen  or  appointed  to  the  office  of  commissioner  or 
inspector  of  common  schools,  overseer  of  highways,  pound  master 
or  town  staler,  shall  refuse  to  serve,  what  sum  shall  he  forfeit  to  the 
town? 

The  sum  of  ten  dollars. 

If  any  town  officer  who  is  required  by  law  to  take  the  oath  of  office 
shall  enter  upon  the  duties  of  his  office  before  he  shall  have  taken 
such  oath,  what  sum  shall  he  forfeit  to  the  town  ? 

The  sum  of  fifty  dollars. 

If  any  town  neglect  to  choose  its  proper  town  officers  at  the  annual 
meeting,  what  is  the  duty  of  the  justices  of  the  peace  in  such  town  ? 

To  appoint  such  officers  by  warrant  under  their  hand 
and  seal. 

Where  shall  these  warrants  be  filed  ? 

In  the  office  of  the  town  clerk. 

Who  shall  give  notice  to  the  person  appointed  ? 

The  town  clerk. 

Who  may  accept  the  resignation  of  any  town  officer  of  their  town  ? 

Any  three  justices  of  that  town. 

If  any  person  chosen  or  appointed  to  the  office  of  supervisor,  as- 
sessor, commissioner  of  highways,  or  overseer  of  the  poor,  shall  refuse 
to  serve,  or  shall  die,  or  shall  resign,  or  move  out  of  the  town,  or  be- 
come incapable  of  serving,  what  shall  be  the  duty  of  the  town  clerk  ? 

To  call  a  special  town  meeting  within  eight  days  to 
fill  such  vacancy. 

If  the  vacancies  are  not  filled  by  the  town  meeting,  how  shall  they 
be  filled  ? 

By  the  justices. 

If  vacancies  occur  in  other  offices,  how  shall  they  be  filled  ? 
By  the  justices. 
If  there  are  not  three  justices  in  the  town,  what  shall  be  done  ? 

The  deficiency  shall  be  supplied  from  an  adjoining  town. 


64  REVISED    STATUTES    OF   THE 


DUTY   OF    SUPERVISOR. 

Who  receives  and  pays  out  money  raised  to  defray  town  charges  ? 
The  supervisor. 

Does  he  receive  that  raised  to  support  highways,  and  bridges,  and 
common  schools  ? 

He  does  not. 

What  account  shall  he  keep  ? 

An  account  of  the  receipts  and  expenditures. 
When  shall  he  account  with  the  justices  and  clerk  ? 

On  Tuesday  preceding  the  annual  town  meeting. 
What  meeting  shall  the  supervisor  of  each  town  attend  ? 

The  annual  meeting  of  the  supervisors  of  the  county. 

If  any  supervisor  neglect  or  refuse  to  perform  the  duties  of  his  office, 
what  sum  shall  he  forfeit  ? 

Fifty  dollars. 

DUTY   OF   THE    TOWN   CLERK. 

Who  has  the  custody  of  all  records,  books,  and  papers  of  the  town  ? 
The  town  clerk. 
What  shall  he  file  in  his  office  ? 

All  certificates  of  oaths  and  other  papers  required  by 
law  to  be  filed. 

What  shall  he  transcribe  in  the  book  of  records  of  the  town  ? 

The  minutes  of  the  proceedings  of  every  town  meeting 
held  therein — every  order,  and  all  rules  and  regulations 
made  by  any  such  town  meeting. 

What  shall  he  deliver  to  the  supervisor  before  the  annual  meeting 
of  the  board  of  supervisors  ? 

Certified  copies  of  all  votes  for  raising  money  since  the 
last  meeting  of  the  board. 

What  is  the  duty  of  the  town  clerk  when  a  constable  is  appointed 
and  qualified  ? 


STATE    OF   NEW   YORK.  65 

To  send  the  name  of  such  constable  immediately  to 
the  town  clerk. 

If  the  town  clerk  omit  to  perform  this  duty,  what  is  the  penalty  ? 
A  fine  not  exceeding  ten  dollars. 

BOARD  OF  AUDITORS   OF  TOWN  ACCOUNTS. 

Who  constitute  the  board  of  auditors  to  examine  the  accounts  of 
the  overseers  of  the  poor,  the  commissioners  of  common  schools,  and 
the  commissioners  of  highways  of  such  town,  for  moneys  received  and 
disbursed  by  them  ? 

The  supervisor,  town  clerk,  and  justices  of  the  town. 

When  do  the  board  meet  for  the  purpose  of  auditing  accounts  ? 

On  Tuesday,  preceding  the  annual  town  meeting. 
Who  audits  the  supervisor's  account  ? 

The  justices  and  town  clerk. 

How  are  accounts  paid  when  audited  ? 

By  the  supervisor,  out  of  moneys  then  in  his  hands. 

What  is  the  compensation  of  assessors  and  inspectors  of  elections, 
and  clerks  of  the  poll  ? 

One  dollar  and  twenty-five  cents  per  day. 

What  is  the  compensation  of  commissioners  of  highways  and  over- 
seers of  the  poor. 

One  dollar  per  day. 


CHAPTER    XII. 

Of  what  does  Chapter  Twelfth  treat  ? 

Of  counties  and  certain  county  officers. 
Every  county,  as  a  body  corporate,  has  capacity  for  what  ? 

To  sue  and  be  sued ;  to  purchase  and  hold  lands  within 
its  own  limits  ;  to  make  contracts,  &c. 

All  acts  and  proceedings  by  and  against  a  county,  must  be  made  in 
whose  name  ? 

In  the  name  of  the  board  of  supervisors. 


66  REVISED    STATUTES    OF    THE 


How  often  do  the  board  of  supervisors  meet  ? 

Annually — they  may  also  hold  special  meetings. 
What  number  is  necessary  to  form  a  quorum  ? 

A  majority. 
Are  the  meetings  of  the  board  public  or  private  ? 

They  are  public,  and  all  persons  may  attend  them. 

Who  is  appointed  chairman  ? 
One  of  the  board. 

For  how  long  a  time  ? 

One  year. 
If  it  is  necessary  to  take  affidavits,  who  administers  the  oath  ? 

The  chairman  of  the  board. 
How  is  the  clerk  appointed  ? 

By  the  board. 
What  compensation  does  the  clerk  receive  1 

A  compensation  to  be  fixed  by  the  board* 

What  is  the  duty  of  the  supervisors  in  respect  to  the  court-house 
and  jail  of  their  respective  counties  ? 

To  keep  them  in  repair. 
To  what  amount  are  the  annual  repairs  limited  ? 

Five  hundred  dollars. 
What  must  they  prepare  within  the  jails  of  their  respective  counties  ? 

Solitary  cells  for  the  reception  of  convicts. 
What  is  the  compensation  of  the  members  of  the  board  ? 

Two  dollars  per  day* 
What  is  the  penalty  for  the  neglect  of  duty  ? 
For  every  offence  he  shall  forfeit  one  hundred  and  fifty 
dollars. 

Who  are  the  supervisors  of  the  city  of  New  York  ? 
The  mayor,  recorder,  and  aldermen  of  the  city. 


STATE    OF   NEW  YORK.  67 


COUNTY    TREASURER. 

To  whom  is  the  cottnty  treasurer  to  give  bonds  ? 

To  the  supervisors  of  the  county* 
How  soon  after  his  appointment  ? 

Within  ten  days. 
Where  shall  this  bond  be  filed? 

In  the  county  clerk's  office. 

Who  receives,  holds,  and  disburses  all  moneys  belonging  to  the 
county  ? 

The  county  treasurer. 
What  account  shall  the  treasurer  keep  t 

An  account  of  all  receipts  and  expenditures. 
To  whom  shall  he  annually  transmit  accounts  of  moneys  belong- 
ing to  the  State? 

To  the  comptroller. 

To  whom  shall  he  exhibit  his  books  and  accounts  ? 
To  the  supervisors. 

To  whom  shall  he  deliver  the  books,  papers  and  money  in  his  hands 
at  the  expiration  of  his  office  ? 

To  his  successor. 
What  is  the  penalty  for  refusing  to  make  such  delivery  ? 

Twelve  hundred  and  fifty  dollars. 
What  compensation  does  the  treasurer  receive  ? 

One-half  per  cent  on  all  moneys  received,  and  one-half 
per  cent  on  all  moneys  paid  out. 

Who  is  the  treasurer  of  the  city  and  county  of  New  York  ? 
The  chamberlain  of  the  city  and  county. 

COUNTY  CLERK. 

What  does  the  county  clerk  have  custody  of  ? 
Of  all  the  books,  records,  deeds,  parchments,  maps,  and 
papers  belonging  to  the  county,  deposited  in  his  office. 


68  REVISED    STATUTES    OF   THE 


What  shall  every  county  clerk  appoint  ? 
A  deputy  clerk,  to  hold  his  office  during  the  pleasure  of 
the  clerk. 

What  are  the  powers  and  duties  of  the  deputy  clerk  when  the  clerk 
is  absent  on  account  of  sickness,  or  is  unable  to  attend  to  his  duties  ? 

The  same  as  those  of  the  clerk,  except  deciding  on  the 
sufficiency  of  sureties  for  any  office. 

SHERIFFS. 

What  bond  shall  the  sheriff  execute  ? 

A  bond  for  the  faithful  performance  of  the  duties  of  his 
office. 

What  shall  be  the  penalty  of  breaking  the  bond  ? 
The  penal  sum  of  twenty  thousand  dollars  for  the  city 
and  county  of  New  York,  and  ten  thousand  in  all  other 
parts  of  the  State. 

How  often  must  this  bond  be  renewed  ? 
Annually. 

By  whom  are  the  under  sheriff  and  deputies  appointed  ? 
By  the  sheriff. 

When  a  vacancy  occurs  in  the  office  of  sheriff,  who  performs  the 
duties  of  sheriff? 
The  under  sheriff. 

Who  has  the  custody  of  the  jails  and  prisoners  ? 
The  sheriff. 

By  whom  are  the  keepers  appointed  ? 
By  the  sheriff. 

Is  the  sheriff  responsible  for  the  acts  of  the  keepers  ? 
He  is. 

What  is  the  duty  of  the  district  attorney  ? 
To  conduct  all  criminal  prosecutions  in  behalf  of  the 
county. 


STATE    OF   NEW  YORK.  69 


What  is  the  salary  of  the  district  attorney  of  the  city  and  county  of 
New  York? 

Not  less  than  two  thousand  five  hundred  dollars,  nor 
more  than  three  thousand  five  hundred  dollars. 

What  are  deemed  county  charges  ? 

The  pay  of  the  board  of  supervisors,  their  clerk,  county 
treasurer,  district  attorney,  criers  of  the  several  courts 
within  the  county,  support  of  convicts  in  county  jails,  sup- 
port of  the  poor,  and  all  other  expenses  necessarily  in- 
curred for  the  use  and  benefit  of  the  county. 

To  whom  must  these  accounts  be  presented  ? 

To  the  board  of  supervisors. 

How  is  the  money  raised  to  defray  these  expenses  ? 

By  a  tax  on  the  taxable  property  of  the  county. 

CHAPTER    XIII. 

Of  what  does  Chapter  Thirteenth  treat? 
Of  the  assessment  and  collection  of  taxes. 

What  shall  be  liable  to  taxation,  subject  to  the  exemptions  herejft- 
after  specified  ? 

All  lands  and  all  personal  estate  within  this  State, 
whether  owned  by  individuals  or  corporations. 

How  will  the  term  "  lands,"  be  used  in  this  chapter  ? 

The  same  as  "  real  estate"  and  "  real  property." 

What  shall  the  term  "  land  "  be  construed  to  include  ? 

The  land  itself,  all  buildings  erected  thereon,  all  trees 
growing  thereon,  and  all  mines,  except  those  belonging 
to  the  State. 

What  shall  the  terms  "  personal  estate  "  and  "  personal  property  " 
be  construed  to  include  ? 

All  household  furniture,  moneys,  goods,  chattels,  debts 


70  REVISED    STATUTES    OF    THE 


due  from  solvent  debtors,  whether  on  account,  contract, 
note,  bond  or  mortgage;  public  stocks,  and  stojks  in 
moneyed  corporations. 

What  property  shall  be  exempt  from  taxation  ? 

1.  All   property  exempt  by  the  constitution   of  this 
State  or  the  constitution  of  the  United  States. 

2.  All  lands  belonging  to  this  State  or  the  United 
States. 

3.  All  buildings  erected  for  the  use  of  a  college,  incor- 
porated academy,  or  other  seminary  of  learning  ;  every 
building  for  public  worship ;  every  school-house,  court- 
house, and  jail ;  the  lots  on  which  they  are  situated,  and 
the  furniture  belonging  to  them. 

4.  Every  poor-house,  alms-house,  house  of  industry, 
and  every  house  belonging  to  a  company  incorporated  for 
the  reformation  of  offenders,  and  the  real  and  personal 
property  belonging  to  or  connected  with  the  same. 

5.  The  real   and  personal  property  of  every  public 
library. 

6.  All  stocks  owned  by  the  State  or  by  literary  or 
charitable  institutions. 

7.  The  personal  property  of  every  minister,  and  his 
real  property  to  the  amount  of  $  1,500. 

8.  All  property  exempt  by  law  from  execution. 

Where  is  real  estate  taxed  ? 

In  the  town  where  it  lies. 

Where  is  personal  property  taxed  ? 

In  the  town  or  ward  where  the  owner  resides. 
How  is  the  value  of  property  ascertained  ? 
By  the  affidavit  of  the  owner,  or  by  the  assessors. 


STATE   OF   NEW   YORK.  71 


Who  make  out  the  assessment  roll  ? 
The  assessors. 
Who  collects  the  taxes  assessed  ? 
The  collector. 

How  many  times  shall  he  call  on  each  person  taxed  ? 
Once,  and  demand  payment  of  the  taxes  in  the  tax  list. 

In  case  any  person  shall  neglect  or  refuse  to  pay  the  tax  imposed 
on  him,  what  shall  the  collector  do  ? 

The  collector  shall  levy  upon  and  sell  any  property 
that  may  be  found  in  his  possession. 

How  long  notice  shall  the  collector  give  of  the  time  and  place  of 
sale,  and  of  the  property  to  be  sold  ? 

Six  days'  notice. 

How  shall  this  notice  be  given  ? 

By  advertisements  posted  in  at  least  three  public  places 
in  the  town  where  such  sale  shall  be  made. 

Can  the  claim  of  another  person  that  the  property  levied  on  is  his, 
and  not  the  person's  taxed,  prevent  the  sale  ? 

It  cannot. 

If  the  property  distrained  shall  be  sold  for  more  than  the  amount  of 
the  tax,,  what  shall  be  done  with  the  surplus  ? 

It  shall  be  returned  to  the  person  in  whose  hands  the 
property  was  when  the  distress  was  made. 

Whenever  any  tax  on  lands  shall  remain  unpaid  for  two  years, 
what  shall  be  done  ? 

The  comptroller  shall  proceed  to  advertise  and  sell  such 
lands. 

What  time  shall  be  allowed  to  the  owner  to  redeem  lands  sold  for 
taxes? 


Two  years. 


72  REVISED    STATUTES    OF    THE 


CHAPTER    XIV, 

Of  what  does  Chapter  Fourteenth  treat? 

Of  the  public  health. 
By  whom  is  the  Board  of  Health  in  New  York  appointed  ? 

By  the  common  council. 
Who  is  the  president  of  the  Board  ? 

The  mayor  of  the  city. 
Who  are  the  Commissioners  of  Health  ? 

The  health  officer,  resident  physician,  and  health  com- 
missioner. 

What  is  the  duty  of  the  resident  physician  ? 

To  visit  all  sick  persons  reported  to  the  mayor  or 
Board  of  Commissioners  of  Health. 
Who  shall  assist  the  resident  physician  ? 

The  health  commissioner. 

Who  shall  receive  the  moneys  appropriated  to  the  use  of  the  marine 
hospital  ? 

The  health  commissioner. 

The  health  commissioner  shall  give  bonds  to  what  amount  for  the 
faithful  performance  of  his  trust  ? 

The  sum  of  five  thousand  dollars. 

How  often  shall  he  render  his  account  to  the  Board  of  Health  of  all 
his  receipts  and  disbursements  on  account  of  the  marine  hospital  ? 

Monthly. 
What  is  the  salary  of  the  resident  physician  ? 

One  thousand  dollars. 
What  is  the  salary  of  the  health  commissioner  ? 

One  thousand  dollars. 

What  is  the  salary  of  the  health  officer,  as  physician  of  the  marine 
hospital  ? 

Four  hundred  and  fifty  dollars. 

What  fees  shall  the  health  officer  receive  for  visiting  and  examin- 
ing vessels  ? 


STATE    OF   NEW  YORK.  73 


For  each  vessel  from  a  foreign  port,  six  dollars  and 
fifty  cents ;  for  each  vessel  from  a  place  in  the  United 
States  south  of  Cape  Henlopen,  from  one  to  three  dollars. 

How  shall  such  fees  be  paid  ? 

By  the  respective  masters  of  the  vessels  so  visited  and 
examined.  > 

Where  is  the  anchorage  place  of  vessels  at  quarantine  ? 

As  near  as  may  be  to  the  marine  hospital  on  Staten 
Island-. 

All  vessels  from  a  foreign  port  having  forty  or  more  passengers,  or 
on  board  of  which,  during  the  voyage,  or  whilst  at  the  port  of  depart- 
ure, any  person  shall  have  been  sick,  arriving  between  the  first  day 
of  April  and  the  first  day  of  November  in  any  year,  shall  be  subject 
to  what  length  of  quarantine  ? 

So  much  as  the  health  officer  shall  designate  and  enjoin. 

All  vessels  arriving  between  the  thirty^first  day  of  May  and  the 
sixteenth  day  of  October  in  any  year,  from  any  place  in  the  ordinary 
passage  from  which  they  must  pass  to  the  south  of  Cape  Henlopen, 
shall  remain  how  long  at  the  quarantine  ground  ? 

As  long  as  the  health  officer  shall  designate  and  enjoin. 

All  vessels  from  any  pla'ce  (including  islands)  in  Asia,  Africa,  or 
the  Mediterranean,  or  from  either  of  the  West  India,  Bahama,  Ber- 
muda, or  Western  Islands,  or  from  any  place  in  America  in  the  ordi- 
nary passage  from  which  they  must  pass  south  of  Georgia,  arriving 
between  the  first  day  of  April  and  the  first  day  of  November  in  any 
year,  shall  remain  how  long  at  the  quarantine  ground  ? 

Two  days. 

All  vessels  from  any  place  where  yellow,  bilious,  malignant,  or 
other  pestilential  or  infectious  fever  existed  at  the  time  of  their  de- 
parture, or  on  board  of  which,  during  the  voyage,  any  case  of  any 
such  fever  shall  have  occurred,  arriving  between  the  first  day  of  April 
and  the  first  day  of  November  in  any  year,  shall  remain  how  long  at 
the  quarantine  ground  ? 

Thirty  days. 

If  a  vessel  is  navigated  by  steam  ? 

The  length  of  the  quarantine  shall  be  as  the  health 
officer  shall  enjoin. 


74  REVISED    STATUTES    OF    THE 

What  is  the  duty  of  each  branch  and  pilot  boat  belonging  to  the 
port? 

To  use  his  utmost  endeavors  to  hail  every  vessel  which 
he  shall  discover  to  be  entering  the  port,  and  to  demand 
of  the  master  of  every  such  vessel,  whether  any  person 
has  died  or  been  sick  on  board  during  the  passage,  a#d 
whether  any  pestilential  fever  existed  at  the  time  of  her 
sailing  at  the  port  whence  she  sailed. 

If  any  of  the  above  questions  shall  be  answered  in  the  affirmative, 
what  notice  shall  the  pilot  immediately  give  to  the  master  of  the  vessel  ? 

That  he,  his  crew,  passengers  and  cargo,  are  subject  to 
the  examination  of  the  health  officer. 

Where  shall  the  pilot  direct  the  captain  to  proceed  and  anchor  his 
vessel  ? 

To  the  quarantine  anchorage,  there  to  await  the  further 
direction  of  the  health  officer. 

What  shall  be  the  duty  of  every  pilot  who  shall  conduct  into  port  a 
vessel  subject  to  quarantine  ? 

1.  To  bring  such  vessel  to  anchor  within  the  buoys 
marking  the  quarantine  anchorage. 

2.  To  prevent  any  vessel  or  boat  from  coming  along- 
side of  the  vessel  under  his  charge,  and  to  prevent  any- 
thing on  board  from  being  thrown  into  another  vessel  or 
boat. 

3.  To  present  to  the  master  of  the  vessel  a  printed  copy 
of  this  chapter,  when  such  copy  shall  have  been  delivered 
to  him  for  that  purpose. 

4.  To  take  care  that  no  violation  of  this  chapter  be 
committed  by  any  person  on  board,  and  to  report  such  as 
may  be  committed  as  soon  as  maybe  to  the  health  officer. 

What  shall  be  the  duty  of  the  health  officer  immediately  on  the 
arrival  of  a  vessel  subject  to  quarantine  ? 


STATE    OF   NEW  YORK.  75 


To  enter  on  board  and  to  make  strict  search  and  inquiry 
into  the  health  of  the  officers,  crew,  and  passengers,  and 
into  the  state  and  condition  of  the  vessel  and  her  cargo, 

Has  the  health  officer  authority  to  require  any  person  on  board  to 
answer  under  oath  ? 

He  has. 

To  whom  does  the  health  officer  make  a  report  ? 
To  the  Board  of  Health. 

What  may  the  health  officer,  if  he  shall  deem  it  necessary  to  pre 
vent  infection  or  contagion,  order  to  be  destroyed  ?  • 

Any  bedding  or  clothing,  or  any  portion  of  the  cargo 
that  he  may  deem  infected. 

How  shall  all  passengers  placed  under  quarantine  who  shall  be 
unable  to  maintain  themselves  be  provided  for  ? 

By  the  master  of  the  vessel  in  which  they  shall  have 
arrived. 

Who  may  issue  a  proclamation  declaring  any  place  where  there 
shall  he  reason  to  believe  a  pestilential  or  infectious  fever  actually 
exists,  to  be  an  infected  place,  within  the  meaning  of  the  health  laws 
of  this  State  ? 

The  Mayor  of  the  city  of  New  York,  or  the  President 
of  the  Board  of  Health. 

What  may  the  Board  of  Health,  in  their  discretion,  do  ? 

Prohibit  or  regulate  the  internal  intercourse  by  land  or 
water  between  the  city  of  New  York  and  such  infected 
place,  and  may  direct  that  all  persons  who  shall  come 
into  the  city  of  New  York  contrary  to  their  prohibitions 
and  regulations,  shall  be  apprehended  and  conveyed  to 
the  vessel  or  place  whence  they  last  came ;  or  if  sick, 
that  they  be  conveyed  to  the  marine  hospital,  or  such 
other  place  as  the  Board  of  Health  shall  direct. 

What  penalties  may  be  imposed  upon  the  captain  of  a  vessel  for 
violating  the  provisions  of  this  Chapter  ? 


76  REVISED   STATUTES    OF    THE 

A  fine  from  five  hundred  to  two  thousand  dollars,,  and 
imprisonment  from  six  to  twelve  months. 

Of  what  shall  every  persem  be  deemed  guilty  who  shall  go  on  board 
of,  or  have  any  communication,  intercourse,  or  dealing  with  any  ves- 
sel at  quarantine,  without  the  permission  of  the  health  officer? 

A  misdemeanor. 

How  punishable  ? 
By  fine  or  imprisonment. 
What  are  the  powers  of  the  Board  of  Health  ? 

1.  To  appoint  health  wardens  and  other  officers* 

2.  To  authorize  such  officers  to  examine,  in  the  day- 
time, all  places,  of  every  description  within  the  city* 

3.  To  adopt  all  necessary  measures  for  cleansing  and 
purifying  such  places. 

4.  To  fence  up  or  otherwise  enclose  any  part  of  the 
city,  if  they  shall  think  the  public  safety  requires  it ;  and 
adopt  measures  to  prevent  all  persons  from  going  to  any 
part  of  the  city  so  excluded. 

What  are  the  duties  of  the  Board  of  Health  ? 

1.  To  adopt  prompt  measures  to  prevent  the  spreading 
of  a  contagious  disease* 

2.  To  forbid  all  communication  with  the  family  infected. 

3.  To  prevent  all  communication  with  the  part  of  the 
|  city  infected. 

4.  To  exercise  all  other  powers  that  the  circumstances 
of  the  case  and  the  public  good  shall  require* 

What  may  the  Board  of  Health,  or  the  Mayor  and  Commissioners 
of  Health,  order  to  be  destroyed  ? 

Anything  that  may  be  putrid,  or  otherwise  dangerous 
to  the  public  health. 

Whom  may  they  send  to  the  marine  hospital  ? 


STATE    OF    NEW   YORK.  77 


All  persons  in  the  city,  not  residents  thereof,  who  shall 
be  sick  of  any  malignant  or  contagious  disease. 

What  is  the  duty  of  each  practising  physician  in  New  York  city  ? 

1.  To  make  a  report  in  writing  to  the  Mayor,  the 
Board  of  Health,  or  either  of  the  Commissioners  of  Health, 
of  every  patient  he  shall  have  laboring  under  yellow, 
bilious,  malignant,  or  other   pestilential   and   infectious 
fever,  between  the  thirty-first  day  of  May  and  the  first 
day  of  November  in  each  year,  and  within  twenty-four 
hours  after  he  shall  ascertain  or  suspect  the  nature  of  the 
disease. 

2.  To  report,  if  so  directed,  every  patient  he  shall  have 
between  the  same  days,  laboring  under  fever  of  any  de- 
scription. 

3.  To  report  the  death  of  any  of  his  patients  who  shall 
have  died  of  fever,  within  forty-eight  hours  after  such 
death  shall  have  occurred,  and  to  state  in  such  report  the 
specific  name  and  type  of  such  fever. 

By  whom  is  the  marine  hospital  held  ? 

By  the  Commissioners  of  Health,  and  they  shall  have 
the  control  thereof. 

How  are  sick  persons  there  kept  and  attended  to  ? 

With  all  necessary  and  proper  care. 

By  whom  are  the  expenses  to  be  paid  ? 

By  the  patients;  except  those  who  shall  have  paid 
hospital-money,  and  such  poor  persons  as  the  Board  of 
Health  shall  exempt. 

How  much  hospital-money  must  the  master  of  every  vessel  from  a 
foreign  port  pay  ? 

One  dollar  and  fifty  cents  for  himself  and  every  cabin 


78  REVISED    STATUTES    OF    THE 

passenger,  and  one  dollar  for  each  steerage  passenger, 
mate,  sailor,  or  marine. 

How  much  must  the  master  of  each  coasting  vessel  pay  ? 

Twenty-five  cents  for  each  person  on  board. 
How  is  this  money  applied  ? 

To  the  use  of  the  marine  hospital. 
Is  the  master  to  receive  the  money  from  the  passengers  ? 

He  is. 

At  what  other  places  are  quarantines  established  ? 
At  Albany,  Troy,  and  Hudson. 
What  shall  the  medical  societies  in  each  county  require  ? 
All  physicians  and  surgeons  not  members  of  the  society 
to  apply  for  admission  within  sixty  days  after  notice. 
What  is-  the  penalty  for  not  applying  ? 
A  forfeiture  of  his  license. 

What  is  the  term  of  medical  study  required  of  a  student  with  some 
physician  or  surgeon  authorized  by  law  to  practise  ? 

Four  years. 

In  what  cases  is  there  a  deduction  of  one  year  ? 
When  the  student  has  pursued  college  studies  for  one 
year  after  he  became  sixteen  years  of  age,  or  has  attended 
a  complete  course  of  all  the  lectures  delivered  in  an  in- 
corporated medical  college  in  this  State. 

How  old  must  a  person  be  to  practise  medicine  7 

Twenty-one  years. 


CHAPTER   XV. 

Of  what  does  Chapter  Fifteenth  treat  ? 

Of  Public  Instruction. 
Where  is  the  government  of  the  University  vested  ? 

In  a  board  of  regents. 


STATE   OF   NEW  YORK.  79 


Under  what  name  or  title  is  the  University  incorporated  ? 

"  The  Regents  of  the  University  of  the  State  of  New 
York." 

It  can  hold  property,  real  and  personal,  to  what  amount  ? 

To  the  amount  of  the  annual  income  of  forty  thousand 
bushels  of  wheat. 

What  is  the  number  of  the  regents  ? 

Twenty-one,  including  the  Governor  and  Lieutenant 
Governor,  who  are  members  of  the  board  by  virtue  of 
their  office. 

How  appointed  ? 

By  the  Legislature. 

What  are  the  officers  ? 

A  chancellor,  a  vice-chancellor,  a  treasurer  and  secretary. 

By  whom  chosen  ? 

The  regents. 
What  is  sufficient  to  a  choice  ? 

A  plurality  of  votes. 
Who  is  the  presiding  officer  ? 

The  chancellor. 
When  is  their  annual  meeting  ? 

The  second  Thursday  in  January. 
What  degrees  may  they  confer  ? 

Such  degrees  above  that  of  master  of  arts  as  are  known 
to,  and  usually  granted  by,  any  college  or  university  in 
Europe. 

Who  has  the  control  of  the  whole  income  arising  from  the  literary 
fund? 

The  regents. 

Into  how  many  parts  do  they  divide  this  income  ? 
Into  eight  parts,  and  assign  one  part  to  each  senate 
district. 


80  REVISED    STATUTES    OF    THE 


How  shall  this  be  distributed  in  each  district  ? 
Among  the  incorporated  seminaries  of  learning,  exclu- 
sive  of  colleges,  subject  to  their  visitation  by  valid  cor- 
porate act. 

In  what  proportion  ? 

In  proportion  to  the  number  of  pupils  in  each  seminary, 
who  for  four  months  during  the  preceding  year  shall  have 
pursued  therein,  classical  studies,  or  the  higher  branches 
of  English  education,  or  both. 

How  far  must  the  pupil  be  advanced  in  the  classics  ? 

So  far  as  to  have  read  in  Latin  the  first  book  of  the 
^Eneid. 

How  far  must  the  pupil  be  advanced  in  English  education  ? 

Beyond  such  knowledge  of  arithmetic  (including  vulgar 
and  decimal  fractions)  and  of  English  grammar  and  Ge- 
ography, as  is  usually  obtained  in  common  schools. 

What  shall  the  regents  require  from  each  seminary  subject  to  their 
visitation,  before  the  first  of  January  ? 

An  annual  report. 
What  shall  this  report  contain  ? 

1.  The  names  and  ages  of  all  the  pupils  instructed  in 
such  seminary,  during  the  preceding  year,  and  the  time 
that  each  was  so  instructed. 

2.  The  studies  pursued,  together  with  the  book  such 
student  shall  have  perused  in  whole  or  in  part ;  if  in  part, 
what  portion. 

3.  An  account  or  estimate  of  the  cost  or  value  of  the 
library,  philosophical  and  chemical  apparatus,  and  mathe- 
matical and  other  scientific  instruments,  belonging  to  the 
seminary. 

4.  The  names  of  the  instructors  employed  in  the  semi- 
nary, and  the  compensation  paid  to  each. 


STATE    OF   NEW   YORK.  81 


5.  An  account  of  the  funds,  income,  debts,  and  incurn- 
brances  of  the  seminary,  and  of  the  application  thereon  of 
the  moneys  last  received  from  the  regents. 
What  are  the  trustees  of  every  college  ? 

A  corporation. 

To  what  shall  every  diploma  granted  by  such  trustees  entitle  the 
possessor  ? 

To  all  the  immunities  which  by  usage  or  statute  are  al- 
lowed to  possessors  of  similar  diplomas,  granted  by  any 
university,  college  or  seminary  of  learning  in  the  United 
States. 

What  are  the  trustees  of  every  academy  ? 

A  corporation. 

What  are  the  trustees  of  Lancasterian  schools  ? 

Corporations. 

Who  prepares  and  submits  to  the  Legislature  the  report  of  the  com- 
mon schools? 

The  superintendent 
Who  have  charge  of  the  schools  in  each  town  ? 

The  commissioners  of  common  schools. 
Who  are  the  inspectors  of  common  schools  in  each  town  ? 

The  commissioners  and  other  inspectors  elected  in  the 
town. 

What  are  the  powers  of  the  district  meeting  lawfully  assembled  ? 

1.  To  appoint  a  moderator. 

2.  To  adjourn  from  time  to  time  as  occasion  may  require. 

3.  To  choose  a  district  clerk,  three  trustees  and  one  dis- 
trict collector  at  their  first  meeting,  and  as  often  as  such 
offices,  or  either  of  them,  become  vacated. 

4.  To  designate  a  site  for  a  district  school-house. 

5.  To  lay  such  tax  on  the  taxable  inhabitants  of  the 
district  as  the  meeting  shall  deem  sufficient  to  purchase  or 


82  REVISED    STATUTES    OF    THE 


lease  a  suitable  site  for  a  school-house,  and  to  build,  hire, 
or  purchase  such  school-house,  and  to  keep  in  repair,  and 
furnish  the  same  with  necessary  fuel  and  appendages. 

6.  To  repeal,  alter,  and  modify  their  proceedings  from 
time  to  time  as  occasion  may  require. 

How  much  money  can  they  raise  to  purchase  a  district  library  ? 

Not  exceeding  twenty  dollars  for  the  first  year. 

What  teachers  are  deemed  qualified  ? 

Those  who  hold  a  certificate  of  qualification,  dated  with- 
in one  year,  from  the  inspectors  of  common  schools  for  the 
town  in  which  they  shall  be  employed. 


CHAPTER    XVI. 

Of  what  does  Chapter  Sixteenth  treat? 
Of  highways,  bridges,  and  ferries. 

Who  have  the  care  of  the  highways  and  bridges  in  the  several 
towns  ? 

The  commissioners  of  highways. 

Who  shall  give  directions  ,for  repairing  and  altering  roads  and 
bridges,  and  require  the  overseers  of  highways  to  cause  all  persons 
assessed  to  come  and  work  with  such  implements,  carriages,  cattle,  or 
sleds,  as  they  shall  direct  ? 

The  commissioners. 

Who  keep  in  order  the  highways,  warn  persons  assessed 
to  work,  cause  noxious  weeds  to  be  cut  down,  collect  all  fines  and 
commutation  moneys,  and  execute  all  lawful  orders  of  the  commis- 
sioners ? 

"The  overseers  of  highways. 

Who  shall  be  assessed  to  work  on  the  highways  ? 

Every  person  owning  or  occupying  lands  in  the  town, 
and  every  male  inhabitant  over  twenty-one  years  of  age 
residing  in  the  town. 


STATE  OF  NEW  YORK.  83 

At  what  price  may  every  person  assessed  commute,  except  an 
overseer  ? 

At  the  rate  of  sixty-two  and  one-half  cents  for  each 
day. 

How  many  hours  shall  persons  rated  be  required  to  work  ? 

Eight  hours. 

What  are  the  penalties  for  not  complying  with  the  requirements  of 
the  commissioners  ?  ^ 

1.  For  wholly  omitting  to  comply  with  such  requisi- 
tions, three  dollars  for  each  day  : 

2.  For  omitting  to  furnish  a  cart,  waggon,  or  plough, 
one  dollar  for  each  day  : 

3.  For  omitting  to  furnish  a  pair  of  horses  or  oxen,  one 
dollar  for  each  day : 

4.  For  omitting  to  furnish  a  man  to  manage  the  team, 
one  dollar  for  each  day  : 

How  soon  must  the  overseer  make  complaint  to  one  of  the  justices 
of  the  peace  of  the  town  ? 

Within  six  days. 

What  is  the  duty  of  the  justice  ? 

To  issue  a  summons  requiring  the  delinquent  to  appear 
forthwith  before  him,  and  show  cause  why  he  should  not 
be  fined. 

If  no'cause  be  shown,  what  is  the  duty  of  the  justice  ? 

To  isssue  a  warrant  commanding  the  constable  to  levy 
the  fine  prescribed  by  law,  with  the  cost  of  the  proceed- 
ings, on  the  goods  and  chattels  of  the  delinquent. 

Who  may  apply,  in  writing,  to  the  commissioners  of  his  town,  to 
alter  or  discontinue  any  road  ? 

Every  person  liable  to  be  assessed  for  highway  labor. 
For  what  purpose  shall  the  commissioners  hold  a  meeting  ? 
To  hear  any  reasons  that  may  be  offered  for  or  against 
laying  out  the  highway. 


84  REVISED   STATUTES   OF    THE 


If  the  commissioners  determine  to  lay  out  such  highway,  what  shall 
they  make  out  and  subscribe  ? 

A  certificate  of  such  determination,  describing  the  road 
so  laid  out. 

Where  shall  this  certificate  be  deposited  ? 
With  the  town  clerk. 

What  shall  be  the  width  of  all  roads  laid  out  by  the  commissioners  ? 
Three  rods  wide. 

What  is  the  penalty  for  obstructing  the  highways  ? 
Five  dollars  for  every  such  offence. 

If  a  tree  falls  or  is  fallen  from  any  enclosed  lands  into  any  highway^ 
and  the  occupant  of  the  land  receives  notice  to  remove  the  same 
within  two  days,  what  is  the  penalty  for  neglect  ? 

Fifty  cents  for  every  day  thereafter  till  the  tree  shall  be 
removed. 

In  case  any  person  shall  cut  down  any  tree  on  land  not  occupied  by 
him,  so  that  it  shall  fall  into  any  highway,  river,  or  stream,  unless  by 
|  the  order  and  consent  of  the  occupant^  what  sum  shall  he  forfeit  ? 

To  the  occupant  one  dollar  for  every  tree  so  fallen,  and 
the  like  sum  for  every  day  the  same  shall  remain  in  such 
highway,  river,  or  stream. 

What  shall  be  the  forfeiture  for  injuring  any  bridge  maintained  at 
the  public  charge  ? 

Treble  damages* 

Whoever  shall  destroy,  remove,  injure,  or  deface  any  mile-board  or 
mile-stone  erected  on  any  highway  shall  forfeit  what  amount  ? 

The  sum  of  ten  dollars  for  every  offence^ 


CHAPTER    XVII, 

Of  what  does  Chapter  Seventeenth  treat  ? 
Of  the  regulation  of  trade  in  certain  cases. 

To  what  are  all  goods,  wares,  and  merchandize  sold  at  auction 
subject  ? 


STATE    OF   NEW   YORK.  85 


To  duties  every  time  they  shall  be  struck  off. 

How  shall  the  goods  be  struck  off? 

To  the  highest  bidder 

By  whom  ? 

By  an  auctioneer  who  shall  have  given  the  required 
security. 

What  is  the  penalty  for  acting  as  auctioneer  without  license  ? 

A  fine  not  exceeding  five  hundred  dollars,  and  imprison- 
ment not  exceeding  three  months. 

What  articles  are  exempt  from  auction  duties  ? 

1.  Ships  and  vessels. 

2.  Utensils  of  husbandry,  horses,  neat  cattle,  hogs  and 
sheep. 

3.  Articles  of  the  growth,  produce  or  manufacture  of 
this  State,  except  distilled  spirits. 

4.  All  fabrics  of  cotton,  wool,  hemp  and  flax,  manu- 
factured within  the  jurisdiction  of  the  United  States. 

When  there  are  no  duties,  by  whom  may  the  sales  be  made  ? 
By  any  citizen  of  this  State. 

When  shall  all  flour  and  meal  purchased  for  exportation  be  in- 
spected ? 

At  the  place  of  exportation. 

All  wheat  flour,  rye  flour,  Indian  meal,  or  buckwheat  meal  manu- 
factured for  exportation  in  this  State,  shall  how  be  packed  ? 

In  good  and  strong  casks,  made  of  seasoned  oak,  or 
other  sufficient  timber,  and  hooped  with  at  least  ten  hoops, 
three  of  which  shall  be  on  each  chime,  and  properly 
nailed. 

Of  how  many  sizes  shall  the  casks  be  ? 

Of  two  sizes  only. 

How  many  pounds  shall  the  larger  size  contain  ? 

One  hundred  and  ninety-six  pounds. 


86  REVISED    STATUTES    OF    THE 


How  many  pounds  shall  the  smaller  size  contain  ? 

Ninety-eight  pounds. 
How  may  Indian  meal  be  packed  ? 

In  hogsheads  which  shall  contain  eight  hundred  pounds. 
How  shall  casks  of  the  best  wheaj  flour  be  branded  ? 

"  Extra  superfine." 
The  second  quality,  how  branded  ? 

"  Superfine." 
The  third  quality,  how  branded  ? 

«  Fine." 
The  fourth  quality  ? 

"  Fine  middlings." 

The  fifth  quality  ? 

"  Middlings." 
The  sixth  quality  ? 
"  Ship  Stuffs." 
The  first  and  second  qualities  of  rye  flour,  how  marked  ? 

"  Superfine  Rye  Flour."     "  Fine  Rye  Flour." 

How  shall  Indian  meal  be  branded  ? 
"  Indian  Meal." 
How  shall  buckwheat  meal  be  branded  ? 

"  B.  Meal." 

When  the  flour  is  packed  and  the  casks  branded,  by  whom  shall  it 
be  inspected  ? 

By  the  inspector. 
What  shall  be  the  duty  of  the  inspector  ? 

1.  To  ascertain,  by  examination,  the  weight  of  all  the 
casks  which  he  may  suspect  of  being  falsely  tared. 

2.  To  alter  and  correct  the  brands  in  all  cases  where 
he  shall  be  of  opinion  that  they  do  not  designate  the  real 
quality  of  the  flour  or  meal. 

3.  To  weigh  such  casks  as  he  shall  suspect  not  to 


STATE    OF   NEW  YORK.  87 


contain  the  full  weight,  and  if  they  do  not  contain  the  full 
weight,  to  brand  them  with  the  word  "  light." 

4.  To  brand  all  casks   containing  flour  or  meal  so 
damaged  as  not  to  be  fit  for  exportation,  with  the  word 
«  bad." 

5.  To  brand  on  all  casks  properly  made  and  packed, 
the  initials  of  his  Christian  name  and  his  surname  at  full 
length,  together  with  the  name  of  the  county  where  the 
inspection  has  been  made. 

What  shall  be  done  with  all  flour  or  meal  not  manufactured  within 
this  State,  if  offered  for  sale  in  the  city  of  New  York  ? 

It  shall  be  inspected,  except  damaged  flour,  sold  as  such 
at  public  auction. 
What  is  the  penalty  for  shipping  flour  or  meal  not  inspected  ? 

The  sum  of  five  hundred  dollars  for  every  cask  exported. 
What  is  the  penalty  for  exporting  flour  marked  "  light  ?" 

Five  dollars  for  every  cask  exported. 
What  is  the  penalty  for  offering  for  sale  flour  undermarked  ? 

Five  dollars  for  each  cask. 
What  is  the  penalty  for  selling  mixed  flour  ? 

Five  dollars  for  each  cask. 

When  beef  or  pork  are  exported  or  shipped  for  exportation,  what 
is  necessary  ? 

That  it  be  previously  inspected,  pickled,  and  branded 
by  an  inspector  duly  qualified. 

If  any  person  ships  or  attempts  to  ship  beef  or  pork  not  inspected, 
what  shall  he  forfeit  ? 

Fifty  dollars  for  every  barrel  and  half-barrel. 
What  is  the  duty  of  the  inspector  of  pot  and  pearl  ashes  ? 

1.  To  empty  the  casks  containing  ashes  brought  to  him 
for  inspection,  and  to  examine  and  determine  the  quality 
of  the  ashes,  and  repack  the  same,  putting  the  ashes  of 
each  quality  in  a  separate  cask. 


88  REVISED    STATUTES    OF    THE 


2.  To  brand  in  plain  letters  and  figures  on  each  cask 
containing   ashes  of  the  first  quality,  the  words  "first 
sort ;"  of  the  second  quality,  the  words  "  second  sort ;" 
and  of  the  third  quality,  the  words  "  third  sort ;"  together 
with  the  words  "  pot  ash,"  or  pearl  ash,"  as  the  case  may 
be :  also  his  own  name,  and  that  of  the  place  where  the 
ashes  are  inspected ;  and  on  one  head  the  year  when  such 
inspection  is  made. 

3.  To  brand  the  word  "  condemned "  on  every  cask 
which  he  shall   discover  to   contain  ashes  fraudulently 
adulterated  with  stone,  sand,  lime,  or  other  improper  sub- 
stance ? 

What  other  articles  conveyed  to  a  foreign  port  must  be  inspected  ? 

Fish,  oil,  lumber,  staves  and  heading,  flax  seed,  sole 
leather,  hops,  distilled  spirits,  leaf  tobacco,  green  hides 
and  skins. 

Is  any  person  allowed  to  travel  and  sell  foreign  articles  without  a 
license  ? 

He  is  not. 


CHAPTER    XVIII. 

Of  what  does  Chapter  Eighteenth  treat  ? 

Of  incorporations. 
How  are  corporations  created  ? 

By  the  Legislature. 
From  what  only  shall  moneyed  corporations  make  dividends  ? 

From  the  surplus  profits  arising  from  the  business  of 
the  corporation. 

Can  they  divide,  withdraw,  or  in  any  manner  pay  to  the  stockhold- 
ers any  part  of  the  capital  stock  of  the  corporation  ? 

They  cannot. 


STATE    OF   NEW   YORK.  89 

Can  they  reduce  such  capital  stock  ? 

They  cannot,  without  the  consent  of  the  Legislature. 

What  is  the  smallest  bill  or  promissory  note  any  corporation  having 
banking  powers  is  authorized  to  issue  ? 

One  dollar. 
What  is  the  meaning  of  the  term  "  moneyed  corporations  1" 

Every  corporation  having  banking  powers. 
What  is  the  meaning  of  the  term  "  directors  V9 

It  embraces  all  persons  having,  by  law,  the  direction 
or  management  of  the  affairs  of  any  such  corporation. 

What  are  the  powers  of  corporations  ? 

1.  Succession  by  its  corporate  name  for  the    period 
limited  in  its  charter. 

2.  To  sue  and  be  sued,  complain  and  defend  in  any 
court  of  law  or  equity. 

3.  To  make  and  use  a  common  seal,  and  alter  the  same 
at  pleasure. 

4.  To  hold,  purchase,  and  convey  such  real  and  per- 
sonal estate  as  the  purpose  of  the  corporation  shall  require, 
not  exceeding  the  amount  limited  in  the  charter. 

5.  To  appoint  such  subordinate  officers  and  agents  as 
the  business  of  the  corporation  shall  require,  and  to  allow 
them  a  suitable  compensation. 

6.  To  make  by-laws  not  inconsistent  with  any  existing 
law,  for  the  management  of  its  own  property,  the  regula- 
tion of  its  affairs,  and  for  the  transfer  of  its  stock. 


CHAPTER    XIX. 

Of  what  does  Chapter  Nineteenth  treat  ? 
Of  the  computation  of  time,  of  weights  and  measures, 
and  the  money  of  account. 

8*  "~r= 


90  REVISED    STATUTES   OF    THE 


How  shall  time  continue  to  be  computed  ? 

According  to  the  Gregorian,  or  new  style* 
What  shall  be  reckoned  the  first  day  of  the  year  ? 

The  first  day  of  January. 

When  the  terms  "  year,"  or  "  years,"  are  used  in  any  statute,  deed, 
verbal  or  Written  contract,  or  any  public  or  private  instrument,  of 
how  many  days  shall  the  year  intended  be  taken  to  consist  ? 

Three  hundred  and  sixty-five. 

What  is  the  meaning  of  the  term  "  month,3*  as  used  in  any  statute  ? 
A  calendar,  and  not  a  lunar  month. 

Is  there  more  than  one  standard  of  weight  or  measure  throughout 
the  State  ? 

There  is  not. 

What  is  the  unit  or  standard  measure  of  length  and  surface  from 
which  all  other  measures  of  extension  are  derived  and  ascertained  ? 

,The  yard  as  used  in  this  State,  on  the  fourth  day  of  July, 
one  thousand  seven  hundred  and  seventy-six. 

For  the  precise  definition  of  said  yard,  and  in  order  to  recover  it  in 
case  of  loss,  what  is  declared  ? 

That  such  yard  has  been  found,  by  experiments  made 
with  the  pendulum,  with  a  brass  rod,  at  Columbia  College, 
in  the  city  of  New  York,  in  the  latitude  of  forty  degrees, 
forty-two  minutes,  and  forty-three  seconds  north,  to  bear 
to  the  pendulum  of  that  place,  vibrating  seconds  in  a 
vacuum,  at  the  temperature  of  melting  ice,  the  proportion 
of  one  million  to  one  million  eighty-six  thousand  one 
hundred  and  forty-one. 

How  shall  the  standard  yard  thus  defined  be  measured  ? 

In  a  straight  line  between  two  points  engraven  upon 
golden  disk,  inserted  into  a  straight  brass  rod. 

If  this  is  destroyed,  under  whose  direction  shall  it  be  restored  ? 

Under  the  direction  of  the  secretary  of  state. 
Into  how  many  parts  is  the  yard  divided  ? 

Three  parts,  called  feet. 


STATE    OF    NEW    YORK.  91 


The  rod,  pole,  or  perch,  shall  contain  how  many  yards  ? 
Five  and  one*half. 

The  furlong,  how  many  ? 
Two  hundred  and  twenty. 
The  mile  how  many  ? 

One  thousand  seven  hundred  and  sixty. 

In  measuring  land,  how  shall  the  acre  be  measured  ? 

Horizontally. 
The  acre  shall  contain  how  many  square  rods  ? 

One  hundred  and  sixty. 

What  shall  be  the  unit  or  standard  weight,  from  which  all  other 
weights  shall  be  derived  and  ascertained  ? 

The  pound,  of  such  magnitude  that  the  weight  of  a  cu* 
bic  foot  of  distilled  water,  at  its  maximum  density,  weigh- 
ed in  a  vacuum  with  brass  weights,  shall  be  equal  to 
sixty-two  and  a  half  such  pounds. 

Of  what  shall  such  standard  weight  be  made  ? 

Of  brass. 

If  lost,  under  whose  direction  shall  another  be  made  ? 

The  State  sealer  of  weights  and  measures. 

Into  how  many  equal  parts  shall  the  pound  be  divided  ? 

Sixteen. 

What  is  the  standard  ot  measures  of  capacity,  from  which  all  other 
i  measures  of  capacity  shall  be  derived  ? 

The  gallon. 

How  many  kinds  of  gallons  ? 

Two — denominated  the  gallon  for  liquid  measure,  and 
the  gallon  for  dry  measure. 

The  gallon  liquid  measure  contains  how  many  pounds  of  distilled 
water  at  its  maximum  density,  at  the  mean  pressure  of  the  atmosphere 
at  the  level  of  the  sea  ? 

Eight  pounds. 

How  many  pounds  does  the  gallon  dry  measure  contain  ? 
Ten  pounds. 


REVISED    STATUTES    OF    THE 


Of  what  shall  the  standard  gallon  be  made  ? 

Of  brass. 

How  is  the  gallon  liquid  measure  divided  ? 
Into  quarts,  pints,  half  pints,  and  gills. 
How  many  pounds  of  distilled  water  shall  the  bushel  contain,  at  the 
mean  pressure  of  the  atmosphere'  at  the  level  of  the  sea  ? 

Eighty  pounds.  * 

The  hundred-weight  shall  consist  of  how  many  pounds  ? 

One  hundred  avoirdupois, 
How  many  such  hundreds  make  a  ton  ? 

Twenty. 

The  bushel  of  wheat  must  contain  IIOAT  many  pottnds  ? 

Sixty. 

The  bushel  of  rye  or  Indian  corn  must  contain  how  many  pounds  t 
Fifty-six, 

What  are  the  measurers'  fees  ? 

One-half  cent  per  bushel,  and  no  more. 
How  paid  ? 

One-half  paid  by  the  buyer  and  the  other  half  by  the 
seller. 

How  are  all  public  accounts,  and  all  judgments  and  decrees  ren- 
dered by  any  court  of  justice,  to  be  computed  ? 

In  dollars,  cents,  and  mills. 

OF  THE  RELIEF  AND  SUPPORT  OF  INDIGENT  PERSONS- 
When  shall  paupers  be  supported  by  their  relatives  ? 

When  the  father  or  mother,  or  children  of  the  paupers 
are  of  sufficient  ability  to  maintain  them. 

If  such  pauper  is  neglected  by  his  relatives,  what  is  the  duty  of  the 
overseers  of  the  poor  of  the  town  where  such  pauper  resides  ? 

To  apply  to  the  court  of  general  sessions  of  the  peace 
of  the  county,  for  an  order  to  compel  the  relatives  to  re- 
lieve and  maintain  the  pauper. 


STATE  OF  NEW  YORK.  93 

Before  this  application  is  made,  how  long  notice  must  the  relatives 
have  that  such  application  is  to  be  made  ? 

Fourteen  days. 

What  is  the  duty  of  the  court  on  application  of  the  overseers  for  an 
order  ? 

To  hear  the  allegations  and  proofs  of  the  parties,  and 
to  order  a  specified  sum  to  be  paid  weekly  for  the  support 
of  such  poor  person. 

What  relative  shall  first  be  directed  to  pay  this  specified  sum  ? 

The  father. 

If  there  be  no  father,  or  he  be  not  of  sufficient  ability  ? 

Then  the  children  of  such  poor  person  shall  pay  the 
specified  sum. 

If  there  be  no  children,  or  they  be  not  of  sufficient  ability? 

Then  the  mother  of  such  poor  person  shall  pay  the  spe- 
cified amount. 

Who  shall  maintain  all  paupers  where  children  and  parents  are  un- 
able to  maintain  them  ? 

The  town  or  county  where  the  pauper  resides. 

How  long  must  a  person  of  full  age  reside  in  a  town  to  gain  a 
residence  ? 

One  year. 

Where  shall  the  members  of  his  family  who  have  not  gained  a 
separate  residence  be  deemed  settled  ? 

In  the  same  town. 

Can  persons  who  are  paupers  be  removed  from  one  city  or  town  to 
another  city  or  town  ? 

They  cannot ;  but  they  must  be  supported  in  the  town 
or  county  where  they  may  be,  as  follows : 

1.  If  he  has  gained  a  settlement  in  any  town  in  such 
county,  he  shall  be  maintained  by  such  town  : 

2.  If  he  has  not  gained  a  settlement  in  the  county  in 
which  he  shall  become  poor,  sick,  or  infirm,  he  shall  be 


94  REVISED    STATUTES    OF    THE 


supported  and  relieved  by  the  superintendents  of  the  poor 
at  the  expense  of  the  county  : 

3.  If  the  person  be  in  a  county  where  the  distinction 
between  the  town  and  county  poor  is  abolished,  he  shall 
be  supported  at  the  expense  of  the  county,  and  in  both 
the  cases  aforesaid,  proceedings  for  his  relief  shall  be  had 
as  hereinafter  directed  : 

4.  If  such  pauper  be  in  a  county  where  the  respective 
towns  are  liable  to  support  their  poor,  and  hath  gained  a 
settlement  in  some  other  town  of  the  same  county  than 
that  in  which  he  may  then  be,  he  shall  be  supported  at 
the  expense  of  the  town  where  he  may  be,  and  the  over- 
seers shall  give  notice,  in  writing,  to  the  overseers  of  the 
town  to  which  such  pauper  belongs,  or  to  one  of  them,  re- 
quiring them  to  provide  for  the  relief  and  support  of  such 
pauper. 

What  is  the  penalty  for  removing  a  pauper  from  one  town  or  county 
to  another,  or  causing  him  to  be  removed  without  legal  authority  ? 

Fine  and  imprisonment. 

Who  are  deemed  vagrants  ? 

All  idle  persons  who,  not  having  visible  means  to 
maintain  themselves,  live  without  employment ;  all  persons 
wandering  abroad  and  lodging  in  taverns,  groceries,  beer 
houses,  market-places,  sheds  or  barns,  or  in  the  .open  air, 
and  not  giving  a  good  account  of  themselves ;  all  per- 
sons wandering  abroad  and  begging,  or  who  go  about 
from  door  to  door,  or  place  themselves  in  the  streets,  high- 
ways, or  other  public  places,  to  beg  or  receive  alms,  shall 
be  deemed  vagrants. 

What  is  the  duty  of  every  constable,  or  other  peace  officer,  to  do 
with  such  persons  when  required  ? 


STATE    OF    NEW   YORK.  95 


To  bring  them  before  a  magistrate  for  the  purpose  of 
examination. 

If  such  person  be  convicted  of  being  a  vagrant,  where  may  the 
magistrate  send  him  ? 

To  the  county  poor-house  or  to  jail. 

What  is  the  penalty  if  any  person  shall  exhibit  or  perform  any  idle 
shows,  acts  or  feats,  which  common  showmen,  mountebanks,  or  jug- 
glers usually  perform  ;  or  furnish  a  place  for  such  performance  ? 

Twenty-five  dollars  for  each  such  offence. 

What  is  the  penalty  for  exhibiting  paintings,  animals,  &c.,  without 
a.  license  ? 

Twenty-five  dollars  for  each  offence. 

On  what  days  are  all  persons  prohibited  from  discharging  any  gun, 
pistol,  rocket,  squib,  cracker,  or  other  fire-work,  within  a  quarter  of  a 
mile  of  any  building  ? 

On  the  twenty-fifth  and  last  days  of  December,  the 
first  day  of  January,  the  twenty-second  day  of  February, 
and  the  fourth  of  July. 
What  is  the  penalty  ? 

Five  dollars. 

Is  betting  or  gaming  in  any  case  lawful  ? 

It  is  not. 

If  any  person  shall  win  or  lose  at  play  or  betting,  what  amount 
shall  he  forfeit  ? 

Five  times  the  amount  gained  or  lost. 

What  is  the  penalty  for  setting  up  any  money,  goods,  chattels,  or 
things  in  action  to  be  raffled  for  ? 

Three  times  the  value  of  the  goods  raffled  for,  and  ten 
dollars. 

What  shall  every  lottery,  game,  or  device  of  chance  in  the  nature 
of  a  lottery,  by  whatever  name  it  may  be  called,  be  deemed  ? 


Unlawful,  and  a  common  and  pnbli-j  nuisance. 

How  great  may  be  the  penalty  for  opening,    "•  •.  !ng  on  foot,  carrying 
L  or  promoting  any  lottery,  game,  or  device  of  *  nance  ? 

A  fine  of  two  thousand  five  hundred  dollars,  or  imprison- 


96  REVISED    STATUTES    OF    THE 


ment  not  exceeding  two  years,  or  to  both,  in  the  discretion 
of  the  court. 

What  is  the  penalty  for  printing,  publishing,  &c.,  notices  of  illegal 
lotteries  ? 

A  fine  not  exceeding  one  hundred  and  fifty  dollars,  or 
imprisonment  not  exceeding  three  calendar  months. 

What  is  the  penalty  for  profane  cursing  and  swearing  ? 

One  dollar  for  each  offence. 
If  the  fine  is  not  paid,  what  shall  be  done  ? 
The  offender  shall  be  committed  to  the  county  jail. 

What  is  the  penalty  for  disturbing  a  religious  meeting  ? 

A  sum  not  exceeding  twenty-five  dollars. 
Is  it  lawful  to  labor  on  Sunday  ? 

It  is  not,  except  in  cases  of  absolute  necessity. 
Is  it  lawful  to  sell  any  goods,  merchandize,  fruits,  &c.,  on  Sunday  ? 

It  is  not,  except  meats,  milk,  and  fish,  which  may  be 
sold  at  any  time  before  nine  o'clock  in  the  morning. 

When  two  boats  meet  on  the  Hudson  river,  or  any  other  waters 
within  the  jurisdiction  of  this  State,  on  which  side  shall  they  pass  ? 

Each  shall  keep  to  the  right. 


STATE   OF   NEW  YORK.  97 


REVISED  STATUTES 

OF  THE 

STATE   OF   NEW   YORK. 
PART    SECOND. 

CHAPTER    I. 

Of  what  does  Chapter  First  of  Part  Second  of  the  Revised  Statutes 
treat  ? 

Of  the  title  by  which  we  hold  real  estate,  and  the  per- 
sons legally  capable  of  holding  and  conveying  such  estate. 

Who  are  deemed  the  original  possessors  of  the  property  of  this 
State  ? 

The  people. 

When  a  person  dies  without  heirs,  to  whom  does  his  property 
belong  ? 

To  the  people  of  the  State. 

When  real  estate  descends  to  persons  under  twenty-one  years  of 
age,  who  are  to  be  the  guardians  of  such  infants  ? 

1.  The  father  of  the  infant. 

2.  If  there  be  no  father,  the  mother. 

3.  If  there  be  no  father  or  mother,  the  nearest  and 
eldest  relative  of  full  age,  not  being  under  any  legal  in- 
capacity. 

In  regard  to  relatives  of  the  same  degree  of  consanguinity,  which 
is  to  be  preferred,  the  male  or  the  female  ? 

The  male. 
9 


98  REVISED    STATUTES    OF    THE 


When  the  property  descends  to  the  infant  by  a  will,  who  is  to  be 
the  guardian  ? 

The  person  appointed  in  the  will. 

Who  is  capable  of  holding  real  estate,  or  of  taking  the  same  by 
descent,  devise,  or  purchase,  within  this  State  ? 

Every  citizen  of  the  United  States. 
Who  are  capable  of  selling  or  aliening  lands  ? 
All  persons  capable  of  holding  lands  (except  idiots, 
persons  of  unsound  mind,  and  infants). 

What  are  those  persons  called  who  were  born  in  another  country, 
and  who  are  residing  within  the  United  States  without  having  taken 
the  oath  of  allegiance  ? 

Aliens. 

Can  an  alien  hold  real  estate  ? 

He  cannot,  unless  he  makes  oath  in  writing  before 
some  officer  authorized  to  take  the  proof  of  deeds  to  be 
recorded,  "  that  he  is  a  resident  of,  and  intends  always  to 
reside  in  the  United  States,  and  to  become  a  citizen  thereof 
as  soon  as  he  can  be  naturalized." 

Of  what  shall  widows  be  endowed  ? 

Of  the  third  part  of  all  the  lands  whereof  her  husband 
was  seized  of  an  estate  of  inheritance  at  any  time  during 
the  marriage. 

When  shall  dower  be  forfeited  ? 

In  case  of  divorce,  dissolving  the  marriage  contract  for 
the  misconduct  of  the  wife. 

If  the  husband  convey  by  deed  or  otherwise  any  real  estate  to 
another,  without  the  consent  of  the  wife,  is  the  wife  at  the  death  of 
her  husband  entitled  to  dower  in  that  estate  ? 

She  is. 


STATE   OF   NEW   YORK.  99 

CHAPTER    II. 

DESCENT    OF   PROPERTY. 

If  a  person  die  without  devising  his  property  by  will,  how  shall  it 
descend? 

1.  To  his  lineal  descendants. 

2.  To  his  father. 

3.  To  his  mother. 

4.  To  his  collateral  relatives. 

How  do  the  lineal  descendants,  being  of  equal  degrees  of  consan- 
guinity, inherit  ? 

In  equal  portions. 

If  part  of  the  children  of  the  intestate  (or  person  dying  without  a 
will)  be  living,  and  a  part  be  dead,  leaving  children,  how  shall  the 
estate  be  divided  ? 

Each  child  living  shall  inherit  the  same  proportion  of 
the  estate  as  if  all  the  children  had  been  living,  and  the 
descendants  of  each  child  who  shall  be  dead  shall  inherit 
the  share  which  their  parents  would  have  received  if 
living. 

In  case  the  intestate  die  without  lawful  descendants  ? 

The  estate  goes  to  the  father,  unless  the  inheritance 
came  to  the  intestate  on  the  part  of  the  mother. 

If  the  mother  be  dead,  the  inheritance  descending  on  her  part  shall 
go  to  whom  ? 

To  the  father  for  life,  and  the  reversion  to  the  brothers 
and  sisters  of  the  intestate  and  their  descendants. 

If  the  intestate  die  without  descendants,  leaving  no  father,  or  leav- 
ing a  father  not  entitled  to  take  the  inheritance,  and  leaving  a  mother 
and  a  brother  or  sister,  to  whom  shall  the  inheritance  descend  ? 

To  the  mother  during  her  life,  and  at  her  death  to  the 
brothers  and  sisters. 

If  neither  father  nor  mother  nor  children  be  living,  to  whom  shall 
the  inheritance  descend  ? 


100  REVISED   STATUTES   OF   THE 

To  the  brothers  and  sisters  of  the  intestate. 

If  neither  father,  mother,  children,  brothers,  nor  sisters  be  living, 
to  whom  shall  the  inheritance  descend  ? 

If  the  inheritance  came  on  the  part  of  the  mother,  it 
shall  descend  to  her  brothers  and  sisters,  if  on  the  part  of 
the  father,  to  his  brothers  and  sisters. 

If  the  inheritance  did  not  come  on  either  the  part  of  the  father  or 
the  mother,  how  shall  it  descend  ? 

To  the  brothers  and  sisters  of  each,  in  equal  shares. 

How  shall  relatives  of  the  half  blood  inherit  ? 

Equally  with  those  of  the  whole  blood  in  the  same 
degree. 

If  the  inheritance  came  to  the  intestate  by  descent,  devise,  or  gift 
of  some  one  of  his  ancestors,  who  shall  be  excluded  ? 

All  who  are  not  of  the  blood  of  such  ancestor. 


CHAPTER    III. 

CONVEYANCES   OF   REAL    ESTATE. 

Where  must  every  conveyance  of  real  estate  be  recorded  ? 

In  the  county  clerk's  office  where  the  estate  is  situated. 
What  must  be  done  before  it  is  recorded  ? 

It  must  be  acknowledged  by  the  party  or  parties  ex- 
ecuting the  same. 

What  acknowledgment  must  be  made  by  the  wife,  separate  and 
apart  from  her  husband  ? 

She  must  acknowledge,  on  a  private  examination  apart 
from  her  husband,  that  she  executed  such  conveyance 
freely,  and  without  any  fear  or  compulsion  of  her  husband. 


STATE*  ^OF  #E#  YORS.  101 


CHAPTER   IV. 

LAWFUL    INTEREST. 
What  is  the  rate  of  interest  established  in  this  State  ? 

Seven  per  cent. 
Are  all  persons  forbidden  to  take  more  than  seven  per  cent  ? 

They  are. 
Is  a  contract  for  a  greater  rate  of  interest  valid  ? 

It  is  not. 
Can  the  borrower  be  compelled  to  pay  principal  or  interest  ? 

He  cannot,  but  the  lender  shall  forfeit  both. 


ACT  TO  PREVENT  USURY,  PASSED  1837. 

Can  a  person  be  compelled  to  testify  in  a  suit  when  he  is  a  party  ? 
It  is  a  general  rule  that  he  cannot. 

Can  he  on  a  trial  when  the  plea  is  usury  ? 

He  can. 

If  a  person  has  taken  usury,  directly  or  indirectly,  can  he  be  made 
to  testify  to  that  fact  ? 

He  can. 

What  is  the  consequence  of  taking  a  false  oath  ? 
The  pains  ami  penalties  of  perjury. 

What  is  the  punishment  of  usury  in  addition  to  the  forfeiture  of 
principal  and  interest  ? 

Fine  not  exceeding  one  thousand  dollars,  or  imprison- 
ment not  exceeding  six  months,  or  both. 
What  shall  be  the  duty  of  all  courts  of  justice  ? 

To  charge  the  Grand  Jury  especially  to  inquire  into 
any  violation  of  this  law 


APPENDIX, 


CONTAINING    THE    CHANGES  WHICH    HAVE    BEEN    MADE  IN  THE 
REVISED    STATUTES,  BY  THE    SESSION    LAWS  OF 

1837-8-9-40-1-2-3. 


ALTERATIONS  MADE  IN  THE  ELECTION   LAW. 

What  is  the  duty  of  the  sheriff,  clerk,  or  first  judge  of  each  county, 
who  receives  notice  of  an  election  ? 

To  give  notice  to  the  supervisor  or  assessors  in  each 
town  or  ward  in  the  county. 

How  are  cities  divided  by  the  Common  Council  ? 

Into  election  districts. 

What  shall  every  ward  in  the  city,  containing  not  more  than  five 
hundred  voters,  constitute  ? 

An  election  district. 

If  there  are  more  than  five  hundred  voters  ? 

It  may  be  divided  by  the  Common  Council  into  two  dis- 
tricts. 

By  whom  are  towns  divided  into  election  districts  ? 

By  the  supervisor,  town  clerk,  and  assessors. 

How  many  inspectors  in  each  election  district  ? 

Three. 

How  shall  two  of  the  three  be  chosen  in  the  district  ? 

By  ballot,  on  the  same  ticket  with  the  town  or  charter 
officers. 

By  whom  is  the  third  inspector  appointed  ? 

By  the  presiding  officers  of  the  town  meeting  or  charter 
election. 


APPENDIX.  103 


How  shall  notice  be  given  to  the  electors  ? 

By  posting  a  notice,  as  required  by  the  Rev'd.  Statutes. 

PRELIMINARY    OATH. 

What  is  the  duty  of  the  inspectors  when  an  elector  is  challenged. 
To  tender  to  him  the  following  preliminary  oath : — 
"  You  do  swear  (or  affirm)  that  you  will  fully  and  truly 
answer  all  such  questions  as  shall  be  put  to  you  touching 
your  place  of  residence  and  qualifications  as  an  elector  !" 

In  relation  to  what  particulars  may  the  inspectors  then  proceed  to 
examine  the  person  challenged  ? 

1.  His  name. 

2.  His  residence. 

3.  How  long  he  has  resided  in  the  town  or  ward  where 
the  vote  is  offered. 

4.  What  his  last  place  of  residence  before  he  came  into 
that  town  or  ward. 

5.  Whether  he  is  a  native  or  a  naturalized  citizen. 

6.  If  naturalized,  when  and  where. 

7.  If  he  came  into  town  for  the  purpose  of  voting  at 
that  election. 

8.  If  he  contemplates  residing  in  the  town  or  ward ; 
and  such  other  questions  as  may  tend  to  test  his  qualifi- 
cations entitling  him  to  vote. 

If  he  refuse  to  take  this  oath,  what  shall  be  done  ? 
His  vote  shall  be  rejected. 

After  receiving  answers  to  the  above  questions,  what  is  the  duty  of 
the  inspectors  ? 

To  declare  to  the  person  so  challenged  the  qualifica- 
tions of  an  elector. 

What  words  are  to  be  inserted  in  the  elector's  oath,  as  laid  down 
on  page  39,  before  the  last  clause  of  each  oath  ? 

"  and  of  the  district  in  which  you  offer  to  vote." 


104  APPENDIX. 


BALLOT    BOXES. 
By  whom  are  the  ballot  boxes  provided  ? 

By  the  inspectors. 
How  long  shall  any  election  continue  ? 

One  day  only. 

PENALTY   FOR   MISCONDUCT. 

If  any  person  shall  interrupt  or  disturb  the  meeting,  what  shall  be 
done? 

He  shall  be  arrested  and  detained  until  the  final  can- 
vass of  the  votes  shall  be  completed. 

DOUBLE  BALLOTS. 

If  two  ballots  are  so  folded  together  as  to  present  the  appearance  of 
a  single  ballot,  what  shall  be  done  with  them  ? 

They  shall  be  destroyed  if  the  whole  number  of  ballots 
exceed  the  whole  number  of  voters,  and  not  otherwise. 

STATEMENT  OF  THE  RESULT  OF  AN  ELECTION. 

To  whom  shall  the  inspectors  return  the  statement  of  the  result  of 
the  election  in  their  district  ? 

To  the  supervisor  of  the  town  or  ward. 
What  shall  be  done  with  the  poll  lists  ? 
They  shall  be  filed  in  the  clerk's  office. 

COUNTY  CANVASSERS. 
Who  are  the  county  canvassers  ? 

The  supervisors  or  assessors  to  whom  the  statement  is 
returned  from  the  inspectors. 

When  shall  the  board  of  county  canvassers  meet  ? 

On  the  Tuesday  next  following  the  election  before  one 
o'clock  in  the  afternoon  of  that  day. 

How  soon  shall  copies  of  the  statement  of  the  county  canvassers  be 
sent  to  the  Governor,  Comptroller,  and  Secretary  of  State  ? 

Within  four  days  after  the  adjournment  of  the  board. 


APPENDIX.  105 


PENALTIES  FOR  ILLEGAL  VOTING. 

What  is  the  penalty  for  voting  more  than  once,  or  attempting  to 
vote  more  than  once  ?  or  procuring  illegal  votes  ?  or  procuring  non- 
residents to  vote  ? 

A  fine  not  exceeding  one  hundred  and  fifty  dollars,  or 
imprisonment  not  exceeding  six  months. 

What  is  the  penalty  if  an  inhabitant  of  another  state  or  county 
shall  vote  or  offer  to  vote  at  any  general  or  special  town  or  charter 
election  ? 

He  shall  be  imprisoned  in  the  state  prison  not  exceed- 
ing one  year,  at  the  discretion  of  the  court. 

TOWN  SUPERINTENDENTS. 
What  officer  is  elected  in  each  town  according  to  the  law  of  1843  ? 
A  town  superintendent. 

What  officers  are  there  in  each  ward  in  the  city  of  New  York  ? 
Two  commissioners  from  each  ward,  forming  the  Board 
of  Education ;  two  inspectors,  and  five  trustees,  in  each 
ward. 

INSPECTION   LAWS. 

What  alteration  was  made  in  the  inspection  of  flour  and  meal  in 
1843? 

The  penalties  for  selling  without  inspection  were 
abolished. 

REGENTS  OF  THE  UNIVERSITY. 

What  officer  has  been  added  to  the  Board  of  Regents  of  the  Uni- 
versity of  the  State  of  New  York  ? 

The  Secretary  of  State. 

What  salary  shall  be  allowed  to  the  Secretary  of  State  in  the 
capacity  of  superintendent  of  common  schools  ? 

Seven  hundred  and  fifty  dollars  per  annum. 
How  much  for  additional  clerk  hire  ? 
Six  hundred  dollars. 


8AXTON  *  MILE*'  PUBLICATIONS. 


REVISED  STATUTES 


STATE    OF    NEW    YORK, 

Reduced  to  Questions  and  Answers,  for  the  use  of 

SCHOOLS  AND  FAMILIES. 
BY  WILLIAM  B.   WEDGWOOD,  A.  M., 


MEMBER  OF  THE   MEW  YORK  BAR. 


NOTICES  OF  THE  PRESS. 

From  the  Catskill  Messenger,  Catskill. 
The  necessity  of  general  information  respecting  the  Constitution  and 
Laws  of  the  State,  led  the  late  Superintendent  of  Common  Schools  to 
remark,  in  his  report  to  the  Legislature,  that  "  every  scholar  ought  to 
have  an  opportunity  in  the  schools  of  becoming  acquainted  with  the 
principles  of  our  Constitution  and  Laws,  and  be  enabled  to  understand 
something  of  our  fctate  and  National  Government.*'  The  above  work 
has  been  prepared  to  carry  into  practical  operation  the  views  of  the 
Superintendent,  and  in  no  way  can  it  be  more  effectually  done  than  by 
the  introduction  of  the  work  into  all  our  Common  Schools. 

From  the  Hamilton  Palladium,  July  7,  1843. 
.  Another  admirable  school  book,  strictly  national  in  its  design  and 
execution.  The  value  of  such  a  book  will  be  readily  appreciated  by 
every  enlightened  freeman,  who,  in  the  discharge  of  his  civil  and 
political  duties,  has  felt  how  important  to  himself  was  an  acquaintance 
with  the  Constitution  and  Laws.  Long  since  impressed  with  the  ne- 
cessity of  a  suitable  work  of  this  kind,  we  are  glad  that  it  has  fallen  into 
competent  hands.  Mr.  Wedgwood  has  indeed  been  eminently  success- 
ful in  the  accomplishment  of  a  difficult  task,  and  left  nothing  to  be  de- 
sired in  his  little  book  in  respect  either  to  simplicity,  perspicuity,  or 
completeness.  We  earnestly  commend  it  to  the  attention  of  parents 
and  teachers. 

From  the  Columbia  Republican  and  Advertiser. 
This  little  work  will  undoubtedly  be  introduced  into  primary  schools, 
giving,  as  it  does,  a  lucid  synopsis  of  the  Statutes  of  our  State,  which 
are,  as  it  were,  a  sealed  volume  to  all  except  gentlemen  of  the  legal 
profession.  It  is  a  book  every  class  of  our  citizens,  old  and  young,  male 
and  female,  will  find  instructive,  and  as  such  we  earnestly  recommend 
it  to  the  patronage  of  the  public. 

From  the  True  Sun. 
This  is  one  of  the  most  useful  books  that  has  been  published  for  the 
people. 


SAXTON  AND  MILES5  PUBLICATIONS. 


From  the  Ithaca  Chronicle. 

REVISED  STATUTES  of  the  State  of  New  York,  reduced  to  questions 

and  answers,  for  the  use  of  Schools  and  Families.    By  William  B. 

Wedgwood,  of  the  New  York  Bar.    New  York :  published  by  Saxton 

and  Miles. 

The  laws  of  the  State  are  almost  inaccessible  to  the  people.  The  Re- 
vi*ed  Statutes  are  published  in  expensive  volumes,  and  are  in  the  hands 
of  very  few  besides  magistrates  and  lawyers.  The  session  law?,  from 
year  to  year,  are  published  in  one  paper,  at  Albany,  which  compara- 
tively few  of  the  population  receive,  and  in  volumes,  which  the  people 
generally  never  see.  Abundant  and  expensive  provisions  are  made  for 
enacting  laws  ;  very  Jiitle  is  done  to  make  them  generally  known  when 
they  are  enacted.  And  yet  the  pe  pie  are  to  be  bound  by  them,  and 
"ignorance  of  the  law  excuses  no  man."  To  disseminate  a  knowledge 
of  the  Constitution  and  the  laws  of  the  State,  in  a  cheap  and  popular 
fc.-rm,  must  therefore  be  rendering  a  great  service  to  the  people.  In  this 
brief  work  we  iiave,  for  the  small  sum  of  two  shillings,  a  plain  and  fami- 
liar synopsis  of  the  Constitution  and  statutes  of  the  State:  which,  if  it 
does  not  extend  to  all  their  nrnute  particulars,  gives  a  general  view  of 
their  provisions,  and  indeed  a  more  particular  detail  than  we  should 
have  supposed  could  be  condensed  into  so  small  a  compass. 


RECOMMENDATIONS. 

The  following  is  from  Thonias  Jeremiah,  President  of 
the  Board  of  Education  of  the  city  of  New  York. 

NEW  YORK,  SEPT.  16,  1843. 
William  B.  Wedgwood,  Esq. 

DEAR  SIR — I  have  examined  the  book  recently  published, 
of  which  you  are  the  author,  entitled  <  The  Revised  Sta- 
tutes of  the  State  of  New  York,  reduced  to  Questions  and 
Answers,  for  the  use  of  Schools  and  Families,'  and  I  enter- 
tain not  the  smallest  doubt  that  it  wi'i  form  a  valuable  part 
of  the  system  of  instruction  gradually  perfecting  in  our  pub- 
lic schools. 

It  affords  me  much  gratification  that  your  attention  has 
been  directed  to  this  subject,  and  that  you  have  adopted  a 
plan  so  well  calculated  to  aid  the  memory  of  the  student. 
Yours  respectfully, 

THOMAS  JEREMIAH, 
President  of  the  Board  of  Education  of  the  City  of  New  Forfc. 


SAXTON  AND  MILES5  PUBLICATIONS. 


From  Dr.  King,  chairman  of  the  State  convention  of 
county  superintendents,  held  at  Albany  in  May  last. 

BROOKLYN,  SEPT.  15, 1843. 
MESSRS.  SAXTON  AND  MILES, 

GENTLEMEN — I  am  half  inclined  to  think  that  the  old 
adage,  *  Good  wine  needs  no  bush,'  will  apply  to  the  e  Re- 
vised Statutes,'  published  by  you,  and  that  the  public  will 
discover  its  merits  without  a  recommendation  from  any 
source  whatever. 

I  have  examined  the  work  carefully  myself;  but  fear- 
ing, as  it  was  matter  belonging  to  the  legal  profession,  that 
I  might  be  mistaken,  I  submitted  it  to  several  legal  friends, 
prior  to  recommending  it  to  the  different  school  districts  in 
our  county.  The  result  Was  favorable  to  the  work ;  and  it 
has  since  been  adopted  by  the  Board  of  Education  of  the 
city  of  Brooklyn,  as  one  of  the  standard  text  books.  As  far 
as  my  present  experience  goes,  we  shall  have  no  reason  to 
regret  its  introduction,  as  both  master  and  scholar  are  satis- 
fied, and,  if  continued,  will  be  the  means  of  conveying  to 
every  fireside  a  knowledge  of  the  Constitution  and  Laws  of 
our  State,  and  enable  the  rising  generation  to  enter  upon 
the  duties  of  citizenship  with  a  knowledge  of  their  respect- 
ive rights  and  obligations. 

T.  F.  KING, 
Sup.  of  Com.  Schools,  Kings  Co.,  N.  Y. 


MESSRS.  SAXTON  AND  MILES, 

The  '  Revised  Statutes.3  published  by  you,  should  be  in- 
troduced into  every  school  and  family  in  the  State.  You 
have  my  best  wishes  for  your  success  in  publishing  so  valu- 
able a  work ;  and  whatever  I  can  do  towards  promoting 
the  circulation  of  it  shall  be  done  With  pleasure. 
Respectfully  yours, 

F.  B.  SPRAGUE, 

Sup.  of  Com.  Schools,  Fulton  Co.,  N.  Y; 
Dated  Kingsboro',  Sept.  6,  1843. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recalL 


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JAN  22 


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THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


